Avery v. NH, State of

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Edgar Clifford Avery, Jr.
v.
State of New Hampshire
Case No. 23-cv-245-LM
ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated June 21, 2023 (doc. no. 5). For the reasons explained
therein, Avery’s motion to vacate is denied, and the petition is
dismissed for lack of jurisdiction.
The court declines to issue a certificate of appealability. See
Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rule 11, Rules Governing
Habeas Corpus Cases Under Section 2254; First Cir. LR 22.0.
The clerk is directed to issue judgment and close this case.
____________________________
Landya B. McCafferty
Chief Judge
Date: June 30, 2023
cc: Edgar Clifford Avery, Jr., pro se
Case 1:23-cv-00245-LM Document 8 Filed 06/30/23 Page 1 of 1