Simions v. United States

George Z. Singal United States District Judge

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

No objections having been filed to the Magistrate Judge's Recommended Decision (ECF No. 70) filed June 27, 2016, the Recommended Decision is AFFIRMED.

Accordingly, it is ORDERED that:

1. Petitioner's pending Section 2255 Motion is transferred to the First Circuit Court of Appeals pursuant to 28 U.S.C. §1631 and First Circuit Rule 22.1(e).
2. A certificate of appealability is DENIED pursuant to Rule 11 of the Rules Governing Section 2255 cases because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S. §2253(c)(2).

/s/ George Z. Singal

United States District Judge Dated this 1st day of August, 2016.