BAYNE v. JOYCE

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
THOMAS BAYNE 	)
)
)
v. 	)
) 	2:25-cv-00570-JAW
)
KEVIN JOYCE 	)
ORDER AFFIRMING THE RECOMMENDED
DECISION OF THE MAGISTRATE JUDGE AND IMPOSING COK
WARNING
No objection having been filed to the Magistrate Judge’s Recommended
Decision, filed February 17, 2026 (ECF No. 19), the Recommended Decision is
accepted.
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.
Accordingly, it is hereby ORDERED that the Petitioner’s Petition for
Writ of Habeas Corpus (ECF No. 1) be and hereby is DISMISSED without
prejudice. Petitioner’s Motion for Immediate Release (ECF No. 7), Motion for
Summary Judgment (ECF No. 8), Motion for Order (ECF No. 15), and Motion
for Immediate Action (ECF No. 18) are DISMISSED.
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2
Furthermore, in the Recommended Decision, the Magistrate Judge
described the history of Mr. Bayne’s recent prolific and non-meritorious
litigation in this District and recommends that the Court issue an order placing
him on notice that filing restrictions may be in the offing. For the reasons set
forth in the Recommended Decision and in accordance with Cok v. Family
Court of Rhode Island, 985 F.2d 32, 35 (1st Cir. 1993), the Court expressly
warns Mr. Bayne that he may be subject to filing restrictions in the future, if
he persists filing non-meritorious complaints in this District.
It is further ORDERED that no certificate of appealability should issue
in the event the Petitioner 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)(2).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 12th day of March, 2026
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