Orcutt v. Fillion

Filing 13

ORDER that 12 Report and Recommendations is APPROVED and ADOPTED in its entirety. ORDERED that the petition (dkt no. 1) is DENIED AND DISMISSED. ORDERED that no certificate of appealability shall be issued. Signed by Senior Judge Lawrence E. Kahn on 7/6/10. {order served via regular mail on all non-ecf parties}(nas)

Orcutt v. Fillion

Doc. 13

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK HAROLD ORCUTT, Petitioner, -againstGARY FILLION, Superintendent, Coxsackie Correctional Facility Respondent. 9:09-CV-0205 (LEK/ATB)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on June 9, 2010, by the Honorable Andrew T. Baxter, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 12). Within fourteen days after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Baxter's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Petition (Dkt. No. 1) is DENIED and DISMISSED; and it is further

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ORDERED, that no certificate of appealability shall be issued; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: July 06, 2010 Albany, New York

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