USA v. BRICHETTO

UNITED STATES DISTRICT COURT
District of Maine
THOMAS PAUL BRICHETTO, JR.,
Plaintiff
v.
UNITED STATES OF AMERICA,
Defendant
)
)
)
)
)
)
)
)
)
)
Crim. No. 2:03-cr-24-GZS
Civil No. 2:11-cv-45-GZS
ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on February 11 2011, her
Recommended Decision (Docket No. 138). 	Plaintiff filed his Objection to the Recommended
Decision (Docket No. 141) on March 10, 2011.
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 her Recommended Decision, and determine that
no further proceeding is necessary.
1. 	It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED.
2. 	It is hereby ORDERED that Plaintiff’s Motion for Writ of Error Coram Nobis (Doc.
No. 134) is hereby recharacterized as a 28 U.S.C. § 2255 Petition and as such, is
summarily DISMISSED because it is an unauthorized second or successive Petition.
Case 2:03-cr-00024-JAW Document 142 Filed 03/31/11 Page 1 of 2 PageID #:
<pageID>

3. 	It is hereby ORDERED that no certificate of appealability shall issue in the event
Plaintiff 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).
/s/George Z. Singal_____________
U.S. District Judge
Dated this 31 st day of March, 2011.
Case 2:03-cr-00024-JAW Document 142 Filed 03/31/11 Page 2 of 2 PageID #:
<pageID>