1:24-cv-00405•Breest v. NH State Prison, Warden
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Robert Breest v. NH State Prison, Warden Case No. 24-cv-405-LM-TSM ORDER After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Talesha L. Saint-Marc dated February 23, 2026. 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. The § 2254 Petition (Doc. No. 1), attachments thereto, and this order, are transferred to the First Circuit Court of Appeals as an application to approve a second or successive § 2254 petition under § 2244(b)(3), as this court lacks jurisdiction to consider the Petition without such approval. In addition, Mr. Breest’s pending motions (Doc. Nos. 5, 6) are denied without prejudice, ____________________________ Landya B. McCafferty United States District Judge Date: March 23, 2026 cc: Robert Breest, pro se Case 1:24-cv-00405-LM-TSM Document 12 Filed 03/23/26 Page 1 of 1
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