O'Daniel v. Martuscello, 9:15-CV-1183 (DNH/DEP). (2018)
Court: District Court, N.D. New York
Number: infdco20180320d84
Visitors: 12
Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Petitioner William O'Daniel brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On December 4, 2017, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that the petition be denied but that a certificate of appealability be issued concerning petitioner's Sixth Amendment choice-of-counsel claim. Petitioner and respondent filed timely objections to the Report-Recommend
Summary: DECISION and ORDER DAVID N. HURD , District Judge . Petitioner William O'Daniel brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On December 4, 2017, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that the petition be denied but that a certificate of appealability be issued concerning petitioner's Sixth Amendment choice-of-counsel claim. Petitioner and respondent filed timely objections to the Report-Recommenda..
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DECISION and ORDER
DAVID N. HURD, District Judge.
Petitioner William O'Daniel brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 4, 2017, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that the petition be denied but that a certificate of appealability be issued concerning petitioner's Sixth Amendment choice-of-counsel claim. Petitioner and respondent filed timely objections to the Report-Recommendation, and respondent submitted an additional though untimely response to petitioner's objections.
Based upon a de novo review of the portions of the Report-Recommendation to which petitioner and respondent objected, the Report-Recommendation is adopted in whole. See 28 U.S.C. § 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Therefore, it is
ORDERED that
1. The petition for a writ of habeas corpus is DENIED; and
2. A Certificate of Appealability is ISSUED concerning only petitioner's Sixth Amendment choice-of-counsel claim.
IT IS SO ORDERED.
Source: Leagle
