Johnson v. Ercole

Filing 10

ORDER: ORDERED, that Magistrate Judge Treece's July 28, 2010 9 Report- Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S. C. § 2254 is DENIED and his petition is DISMISSED. ORDERED, that because Petitioner has not made a "substantial showing of the denial of aconstitutional right" pursuant to 28 U.S.C. § 2253(c)(2), no certificate of appealability shall issue with respect to any of Petitioner's claims, 28 U.S.C. § 2253(c)(2). Signed by Senior Judge Frederick J. Scullin, Jr on 8/23/10. (Order served on petitioner by regular mail) (alh, )

Johnson v. Ercole

Doc. 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ MALCOLM A. JOHNSON, Petitioner, v. ROBERT E. ERCOLE, Superintendent, Green Haven Correctional facility, Respondent. _______________________________________________ APPEARANCES MALCOLM A. JOHNSON 02-A-1996 Green Haven Correctional Facility P.O. Box 4000 Stormville, New York 12582 Petitioner pro se OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL 120 Broadway New York, New York 10271 Attorneys for Respondent SCULLIN, Senior Judge ORDER In a Report-Recommendation and Order dated July 28, 2010, Magistrate Judge Treece recommended that this Court deny Petitioner's petition for a writ of habeas corpus and not issue a certificate of appealability with respect to any of Petitioner's claims. See Dkt. No. 9 at 14. The parties did not file any objections to this Report-Recommendation and Order. The Court having reviewed said Report-Recommendation and Order and the entire file in ALYSON J. GILL, AAG OF COUNSEL 9:07-CV-581 (FJS/RFT)

Dockets.Justia.com

this matter, the Court hereby ORDERS that Magistrate Judge Treece's July 28, 2010 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED and his petition is DISMISSED; and the Court further ORDERS that, because 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 shall issue with respect to any of Petitioner's claims, 28 U.S.C. § 2253(c)(2); and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.

Dated: August 23, 2010 Syracuse, New York

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