USA v. BRICHETTO

UNITED STATES DISTRICT COURT
District of Maine
THOMAS PAUL BRICHETTO, JR. 	)
)
Movant, 	)
)
v. 	) 	No. 2:03-CR-00024-GZS
)
UNITED STATES OF AMERICA,)
)
Respondent. 	)
ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on August 28, 2013, her
Recommended Decision (ECF No. 162). Movant filed his Objection to the Recommended Decision
ECF No. 164) on September 16, 2013.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together
with the entire record; I have made a de novo determination of all matters adjudicated by the
Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United
States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that
no further proceeding is necessary.
1. 	It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED.
2. 	It is hereby ORDERED that Movant’s Motion to Re-open his Habeas Petition under
28 U.S.C. §2255 is DENIED WITHOUT PREJUDICE to Movant’s right to file a
new 28 U.S.C. §2255 motion should Movant ever obtain the First Circuit Court of
Appeal’s certification to do so.
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3. 	It is hereby ORDERED that a certificate of appealability shall not issue in the event
that Movant files a notice of appeal because there is no substantial showing of the
denial of a constitutional right within the meaning of 28 U.S.C. §2253(c).
/s/George Z. Singal_____________
U.S. District Judge
Dated this 7th day of October, 2013.
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