Rogers v. NH State Prison, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Scott Nicholas Rogers
v.
NH State Prison, Warden
Case No. 16-cv-388-LM
O R D E R
After due consideration of the objection filed (document
no. 11), I herewith approve the Report and Recommendation of
Magistrate Judge Andrea K. Johnstone dated December 16, 2016
(document no. 8), for the reasons set forth therein. The
Petition is hereby dismissed for lack of subject matter
jurisdiction. The Clerk of Court shall enter judgment in
accordance with this order and close the case.
Additionally, finding that the 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. § 2253(c)(2); Rule 11, Rules
Governing Habeas Corpus Cases Under Section 2254; First Cir. LR
22.0.
SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: February 3, 2017
cc: Scott Nicholas Rogers, pro se
Case 1:16-cv-00388-LM Document 12 Filed 02/03/17 Page 1 of 1