Alford v. Lempke

Filing 21

JUDGMENT: IT IS ORDERED AND ADJUDGED : Pursuant to the Decision and Order of the Honorable Glenn T. Suddaby, United States District Court Judge, dated the 25th day of February, 2014 that Magistrate Judge Baxter's Report-Recommendation (Dkt. N o. 16 ) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Petition (Dkt. No. 1 ) in this matter is DENIED and DISMISSED; and it is further ORDERED that a certificate of appealability not issue with respect to any of the claims set forth in the Petition as Petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). (ptm) (Copy served on petitioner by regular mail)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JUDGMENT IN A CIVIL CASE GARY ALFORD, vs. CASE NUMBER: 9:11-CV-01316 GTS-ATB JOHN LEMPKE, Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED : Pursuant to the Decision and Order of the Honorable Glenn T. Suddaby, United States District Court Judge, dated the 25th day of February, 2014 that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 16) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Petition (Dkt. No. 1 ) in this matter is DENIED and DISMISSED; and it is further ORDERED that a certificate of appealability not issue with respect to any of the claims set forth in the Petition as Petitioner has not made a “substantial showing of the denial of a constitutional right” pursuant to 28 U.S.C. § 2253(c)(2). DATED: February 25, 2014 ENTERED 2/25/2014 BY PTM -SP.T. McBrearty Deputy Clerk

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