Rogers v. New Hampshire, State of

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Scott N. Rogers
v.
State of New Hampshire
Case No. 18-cv-740-SM
ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated September 10, 2018, for the reasons set forth
therein.
The petition is dismissed for lack of subject matter
jurisdiction. The motion for new trial is denied as moot (Doc.
No. 3). 	Additionally, finding that the petitioner has failed to
make substantial showing of the denial of a constitutional
right, the court declines to issue a certificate of
appealability. 	See 28 U.S.C. § 2253(c)(2); Rule 11, Rules
Governing Habeas Corpus Cases Under Section 2254; First Cir. LR
22.0.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: October 23, 2018
cc: 	Scott N. Rogers, pro se
Case 1:18-cv-00740-SM Document 11 Filed 10/23/18 Page 1 of 1