Doe v. Perez

Filing 9

DECISION AND ORDER: ORDERED, that the 8 Report-Recommendation is adopted in whole. See 28 U.S.C. § 636(b)(1); Rule 10, Rules Governing Section 2254 Cases. ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. ORDERE D, that the Clerk is directed to close the file. 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 11/23/15. (served on petitioner by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------MAXIMO DOE,
Petitioner,
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9:13-CV-0921
(DNH/DEP)

ADA PEREZ,
Respondent.
-------------------------------APPEARANCES:

OF COUNSEL:

MAXIMO DOE
Petitioner, Pro Se
10-A-3480
Downstate Correctional Facility
Box F
Fishkill, NY 12524
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
120 Broadway
New York, NY 10271

HANNAH S. LONG, ESQ.
PAUL B. LYONS, ESQ.
Ass't Attorneys General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se petitioner Maximo Doe brought this petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254. On October 30, 2015, the Honorable David E. Peebles, United States
Magistrate Judge, advised, by Report-Recommendation, that the petition be denied. Neither
petitioner nor respondent timely filed objections to the Report-Recommendation.

Based upon a de novo review of the Report-Recommendation, the ReportRecommendation is adopted in whole. See 28 U.S.C. § 636(b)(1); Rule 10, Rules Governing
Section 2254 Cases.
Therefore, it is
ORDERED that
1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and
2. The Clerk is directed to close the file.
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.
IT IS SO ORDERED.

Dated: November 23, 2015
Utica, New York.

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