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Kerner v. Warden, Northern Nh Correctional Facility

United States District Court, D. New Hampshire

March 27, 2015

Mark Kerner, Petitioner
v.
Warden, Northern N.H. Correctional Facility, Respondent

ORDER

STEVEN J. McAULIFFE, District Judge.

After due consideration of petitioner's objection, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated February 24, 2015, for the reasons set forth therein.

Respondent's Motion to Dismiss (document no. 29) is granted, and the Petition for Writ of Habeas Corpus (document no. 3) is dismissed. Petitioner's "Motion to Request that Motion for Continuances' and Affidavits' Be Admitted and to Expand the Record to Include Them" (document no. 44) is denied as moot.

Additionally, because petitioner has failed to make a substantial showing of the denial of a constitutional right, the court declines to issue a certificate of appealability. See 28 U.S.C. ยง 2253(c)(2). Petitioner may, however, seek such a certificate from the court of appeals. See Rule 11(a), Federal Rules Governing Section 2254 Cases.

The Clerk of Court shall ...


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