Russ v. Fischer

Filing 25

DECISION AND ORDER: ORDERED, that the 22 Report and Recommendation is adopted in whole. ORDERED, that the petition for a writ of habeas corpus is DENIED and DISMISSED. ORDERED, that the Clerk is directed to close the file. ORDERED, that 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 7/8/14. (served on petitioner by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------BRYON K. RUSS, SR.,
Petitioner,
-v-

9:13-CV-1270

BRIAN FISCHER, Commissioner of
Corrections,
Respondent.
-------------------------------APPEARANCES:

OF COUNSEL:

BRYON K. RUSS, SR.
01-B-0452
Petitioner pro se
Clinton Correctional Facility
P.O. Box 2002
Dannemora, NY 12929
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
120 Broadway
New York, NY 10271

LISA E. FLEISCHMANN, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Petitioner Bryon K. Russ, Sr. brought this petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On June 9, 2014, the Honorable Christian F. Hummel, United
States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied

and dismissed. Petitioner timely filed objections to the Report-Recommendation.
Respondent filed a letter brief urging adoption of the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to
which petitioner objected, the Report-Recommendation 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: July 8, 2014
Utica, New York.

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