Myles v. Griffin, 9:17-CV-862 (TJM/DEP). (2019)
Court: District Court, N.D. New York
Number: infdco20190409e00
Visitors: 8
Filed: Apr. 08, 2019
Latest Update: Apr. 08, 2019
Summary: DECISION & ORDER THOMAS J. McAVOY , Senior District Judge . The Court referred this Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 to the Hon. Davided E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The October 30, 2018, Report-Recommendation, dkt. #19, recommends that the Court deny and dismiss the Amended Petition in all respects and decline to issue a certificate of appealability. No part
Summary: DECISION & ORDER THOMAS J. McAVOY , Senior District Judge . The Court referred this Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 to the Hon. Davided E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The October 30, 2018, Report-Recommendation, dkt. #19, recommends that the Court deny and dismiss the Amended Petition in all respects and decline to issue a certificate of appealability. No party..
More
DECISION & ORDER
THOMAS J. McAVOY, Senior District Judge.
The Court referred this Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to the Hon. Davided E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). The October 30, 2018, Report-Recommendation, dkt. #19, recommends that the Court deny and dismiss the Amended Petition in all respects and decline to issue a certificate of appealability.
No party objected to the Report-Recommendation, and the time for such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation.
Accordingly,
The Report-Recommendation of Magistrate Judge Peebles, dkt. #19, is hereby ACCEPTED and ADOPTED. Petitioner's amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, dkt. #7, is hereby DENIED AND DISMISSED. The Court declines to issue a certificate of appealability. The Clerk of Court is hereby DIRECTED to CLOSE the case.
IT IS SO ORDERED.
Source: Leagle
