Walter v. Lape

Filing 21

DECISION and ORDER accepting and adopting in whole the 18 Report- Recommendation; ORDERED that, the petition of Robert Walter is DENIED and DISMISSED; A Certificate of Appealability will not be issued in this matter. Signed by Judge David N. Hurd on 9/2/2009. {Decision & Order served on petitioner via regular mail} (mgh)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------ROBERT WALTER, Petitioner, vs W ILLIAM LAPE, Respondent. -----------------------------------APPEARANCES: ROBERT WALTER Petitioner, Pro Se 99-B-269 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Respondent Department of Law 120 Broadway New York, NY 10271 DAVID N. HURD United States District Judge DECISION and ORDER The petitioner, Robert Walter, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report- recommendation dated June 25, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed in all respects, and that a certificate of appealability not issue with respect to the claim set forth in his petition. Petitioner has filed timely objections to the report and recommendation. OF COUNSEL: 9:06-CV-558

MALANCHA CHANDA, ESQ. PRISCILLA I. STEWARD, ESQ. Assts. Attorney General

Based upon a de novo determination of the report and recommendation, including the portions to which petitioner has objected, the Report-Recommendation is accepted and 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 of Robert Walter is DENIED; 2. The petition is DISMISSED; 3. A Certificate of Appealability will not be issued in this matter; and 4. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.

Dated: September 2, 2009 Utica, New York.

-2-