Wilson v. Racette

Filing 13

ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed August 11, 2015 (Dkt. No. 12 ) is ACCEPTED in its entirety for the reasons stated therein. ORDERED that the petition is DENIED and DISMISSED. ORDERED that no certificate of appealability shall issue in this case because Petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). Signed by Judge Gary L. Sharpe on 9/2/15. (served on petitioner by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------CLIDE WILSON
Plaintiff,
-v.Civil Action No.
9:14-cv-897 (GLS/ATB)
STEPHEN RACETTE
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
CLIDE WILSON
Pro Se
11-A-1600
Clinton Correctional Facility
P.O. Box 2002
Dannemora, New York 12929
FOR THE DEFENDANT:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
120 Broadway
New York, New York 10271

PRISCILLA I. STEWARD, ESQ.
Assistant Attorney General

GARY L. SHARPE,
DISTRICT JUDGE

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed August

11, 2015. Following fourteen days from the service thereof, the Clerk has
sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the
Magistrate Judge’s Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge
Andrew T. Baxter filed August 11, 2015 (Dkt. No. 12) is ACCEPTED in its
entirety for the reasons stated therein; and it is further
ORDERED that the petition is DENIED and DISMISSED;
and it is further
ORDERED that no certificate of appealability shall issue in this case
because Petitioner has failed to make a “substantial showing of the denial of
a constitutional right” pursuant to 28 U.S.C. § 2253(c)(2); and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in
accordance to the local rules.

IT IS SO ORDERED.
September 2, 2015
Albany, New York

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