McCullough v. NYS Division of Parole

Filing 16

DECISION and ORDER: ORDERED that 14 Report and Recommendation is accepted in whole. ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Signed by Judge David N. Hurd on 4/15/15. {order served via regular mail on petitioner}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------DAVID McCULLOUGH,
Petitioner,
-v-

9:11-CV-1112

NYS DIVISION OF PAROLE,
Respondent.
-------------------------------APPEARANCES:

OF COUNSEL:

DAVID McCULLOUGH
Petitioner Pro Se
2500 South Salina St
Syracuse, NY 13205
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
Litigation Bureau
The Capitol
Albany, NY 12224

THOMAS B. LITSKY, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se petitioner David McCullough brought this petition for habeas relief pursuant
to 28 U.S.C. § 2254. On March 23, 2015, the Honorable Dav id E. Peebles, United States
Magistrate Judge, advised, by Report-Recommendation, that the petition be dismissed and
no certificate of appealability be issued. No objections to the Report-Recommendation were
filed.

Based upon a careful review of entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore, it is
ORDERED that
1. The petition for a writ of habeas corpus is DENIED and DISMISSED;
2. Because petitioner has not made a substantial showing of the denial of any
constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; and
3. The Clerk serve a copy of this Decision and Order on the parties in accordance
with the Local Rules, enter judgment accordingly, and close the file.
IT IS SO ORDERED.

Dated: April 15, 2015
Utica, New York.

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