Brown v. Conway

Filing 17

ORDER: ORDERED, that the 11 Report and Recommendation is hereby adopted in its entirety. The petition is dismissed as untimely. Accordingly, a certificate of appealability shall not issue with respect to the claims set forth in the petition. Signed by Chief Judge Norman A. Mordue on 6/22/10. (Order served on petitioner by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ JAMES BROWN, Petitioner, v. JAMES CONWAY, Superintendent, Attica Correctional Facility,
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9:07-CV-1139

Respondent. ________________________________________________ APPEARANCES: JAMES BROWN 03-B-2603 Shawangunk Correctional Facility P.O. Box 700 Wallkill, NY 12589 Petitioner, pro se HON. ANDREW M. CUOMO Office of the Attorney General State of New York Department of Law The Capitol Albany, NY 12224 ALYSON J. GILL, ESQ. LEILANI RODRIGUEZ, ESQ. OF COUNSEL:

NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 28th day of April 2010. 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. 2. The petition is dismissed as untimely. Accordingly, a certificate of appealability shall not issue with respect to the claims set forth in the petition. 4. 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. Dated: June 22, 2010 Syracuse, New York
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