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)

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