2:03-cr-00024•USA v. BRICHETTO
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UNITED STATES DISTRICT COURT District of Maine THOMAS PAUL BRICHETTO, JR., Petitioner v. UNITED STATES OF AMERICA, Respondent ) ) ) ) ) ) ) ) ) ) No. 2:03-cr-00024-GZS No. 2:11-cv-00045-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on September 10, 2018, his Recommended Decision (ECF No. 183). Petitioner filed his Objection to the Recommended Decision (ECF No. 184) on September 24, 2018. Respondent filed its Response to Petitioner’s Objection to the Recommended Decision (ECF No. 185) on October 3, 2018. 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 his 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 an evidentiary hearing is not warranted under Rule 8 of the Rules Governing Section 2255 cases. 3. It is hereby ORDERED that Petitioner’s Section 2255 Motion (ECF No. 168) is DENIED. Case 2:03-cr-00024-JAW Document 186 Filed 10/15/18 Page 1 of 2 PageID #: <pageID>
4. It is hereby ORDERED that Petitioner’s Motion to Strike (ECF No. 181) is DISMISSED AS MOOT. 5. It is hereby ORDERED that a certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2255 cases is DENIED because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. §2253(c)(2). /s/George Z. Singal_____________ U.S. District Judge Dated this 15 th day of October, 2018. Case 2:03-cr-00024-JAW Document 186 Filed 10/15/18 Page 2 of 2 PageID #: <pageID>
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