Campbell v. Rivera

Filing 23

ORDER: ORDERED, that the REPORT AND RECOMMENDATION (Dkt. No. 21) is hereby adopted in its entirety. The Petition (Dkt. No. 6) for Writ of Habeas Corpus is DENIED and DISMISSED, and no certificate of appealability will be issued. Signed by Chief Judge Norman A. Mordue on 8/18/09. (Order served on petitioner by regular mail)(alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ RONALD CAMPBELL, SR., Petitioner, v. ISRAEL RIVERA, Superintendent of Coxsackie Correctional Facility, N A M 9:06-CV-1140 Respondent. ________________________________________________ APPEARANCES: Ronald Campbell, Sr. 03-B-1554 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403 Petitioner, pro se HON. ANDREW M. CUOMO New York State Attorney General 120 Broadway New York, NY 10271 Attorney for Respondent Frederick H. Wen, Esq. Assistant Attorney General OF COUNSEL: NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Gustave J. DiBianco, duly filed on the 17th day of July 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein. After careful review of all of the papers herein, including the Magistrate Judge's ReportRecommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. The petition is denied and dismissed, and no certificate of appealability will be issued. 2. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. N A M Dated: August 18, 2009 Syracuse, New York 2

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