Harrison v. Kikendall

Filing 16

ORDER, that the 14 Report-Recommendation of Magistrate Judge Randolph F. Treece filed May 7, 2009 is ACCEPTED in its entirety; that the Petition for a Writ of Habeas Corpus (Dkt. No. 1) is DENIED; that because the Court finds Petitioner has not mad e a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2), no certificate of appealability should issue with respect to any of Petitioners claims. See 28 U.S.C. § 2253(c)(2)(A certificate of appeala bility may issue... only if the applicant has made a substantial showing of the denial of a constitutional right.); see also Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000) cert. denied 531 U.S. 873 (2000). Signed by Judge Gary L. Sharpe on 5/29/2009. (Attachments: # 1 Judge Treece Report-Recommendation) (jel, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------DAMION HARRISON, Petitioner, -v.Civil Action No. 9:07-cv-178 (GLS/RFT) PAUL KIKENDALL Respondent. ------------------------------------------------------------------------------APPEARANCES: FOR THE PETITIONER: DAMION HARRISON Petitioner, Pro Se Otisville Correctional Facility Box 8 Otisville, New York 10963 FOR THE RESPONDENT: HON. ANDREW M. CUOMO Attorney General for the State of New York Attorney for Respondent 120 Broadway New York, New York 10271 GARY L. SHARPE, U.S. DISTRICT JUDGE JODI A. DANZIG, ESQ. Assistant Attorney General OF COUNSEL:

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed May 7, 2009. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed May 7, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the Petition for a Writ of Habeas Corpus (Dkt. No. 1) is DENIED, and it is further ORDERED, that because the Court finds Petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2), no certificate of appealability should issue with respect to any of Petitioner's claims. See 28 U.S.C. § 2253(c)(2)("A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right."); see also Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000) cert. denied 531 U.S. 873 (2000), and it is further
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ORDERED, that the Clerk of the Court is directed to close this case, and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED. Dated: May 29, 2009 Albany, New York

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