Pelkey v. Girdich

Filing 54

ORDER re 53 Report and Recommendations: ORDERED that Magistrate Judge Bianchini's Report and Recommendation 53 is ACCEPTED and ADOPTED in its entirety. ORDERED that Petitioner's petition 1 is DENIED and DISMISSED in its entirety. ORDERED that a Certificate of Appealability will not be issued. ORDERED that Clerk of Court enter judgment accordingly and close the file. Signed by Judge Glenn T. Suddaby on 1/28/09. (Order served on Petitioner by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ JEFFREY L. PELKEY, Petitioner, v. R.A. GIRDICH, Respondent. ______________________________________ APPEARANCES: JEFFREY L. PELKEY, 00-A-4448 Petitioner, Pro Se Eastern NY Correctional Facility Box 338 Napanoch, NY 12458 HON. ANDREW M. CUOMO Attorney General for the State of New York Counsel for Respondent 120 Broadway New York, NY 10271 HON. GLENN T. SUDDABY, United States District Judge DECISION and ORDER Jeffrey L. Pelkey ("Petitioner") brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. (Dkt. No. 1.) By Report-Recommendation dated January 5, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the petition be denied and dismissed, and that a certificate of appealability not be issued. (Dkt. No. 53.) Petitioner has not filed any objections to the Report-Recommendation within the time allotted. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b); N.D.N.Y. L.R. 72.1(c); Fed. R. Civ. P. 6(a)(2), (d). Based upon a careful review of the entire file and the recommendations of Magistrate Judge PRISCILLA I. STEWARD, ESQ. Assistant Attorney General OF COUNSEL: 9:04-CV-0300 (GTS/VEB) Bianchini, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. See 28 U.S.C. 636(b)(1). ACCORDINGLY, it is ORDERED that Magistrate Judge Bianchini's Report-Recommendation (Dkt. No. 53) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Petitioner's petition (Dkt. No. 1) is DENIED and DISMISSED in its entirety; and it is further ORDERED that a Certificate of Appealability will not be issued; and it is further ORDERED that the Clerk of the Court shall enter judgment accordingly and close the file. Dated: January 28, 2009 Syracuse, New York 2

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