USA v. BRICHETTO

2:03-cr-00024MedOct 15, 2018

Full text

UNITED STATES DISTRICT COURT
District of Maine
THOMAS PAUL BRICHETTO, JR.,
Petitioner
v.
UNITED STATES OF AMERICA,
Respondent
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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 #:
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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 #:
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