Hines v. Taylor

Filing 25

DECISON AND ORDER: ORDERED that 23 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDERED that petitioner's petition 1 for a writ of habeas corpus is DENIED. ORDERED that no certificate of appealability shall issue with respect to any of petitioner's claims. Signed by Senior Judge Lawrence E. Kahn on 8/19/10. {order served via regular mail on all non-ecf parties}(nas)

Hines v. Taylor

Doc. 25

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JAMES HINES, Petitioner, -againstJ. TAYLOR, Superintendent, Respondent 9:07-CV-902 (LEK/RFT)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on July 28, 2010 by the Honorable Randolph F. Treece, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. ReportRec. (Dkt. No. 23). On August 6, 2010, Petitioner James Hines ("Petitioner") filed objections to Report-Recommendation. Dkt. No. 24 ("Objections"). This Court is to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. The Court has

considered the Objections, undertaken a de novo review of the record, and determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 23) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Petitioner's Petition for a Writ of habeas corpus (Dkt. No. 1) is

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DENIED, and it is further ORDERED, that no certificate of appealability shall issue with respect to any of Petitioner's claims, and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.

DATED:

August 19, 2010 Albany, New York

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