O'Daniel v. Martuscello

Filing 20

DECISION AND ORDER: ORDERED that 16 Report and Recommendation is adopted in whole. ORDERED that the petition for a writ of habeas corpus is DENIED; and a Certificate of Appealability is ISSUED concerning only petitioner's Sixth Amendment choice-of-counsel claim. Signed by Judge David N. Hurd on 3/19/18. (nas )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------WILLIAM O'DANIEL,
Petitioner,
-v-

9:15-CV-1183
(DNH/DEP)

DANIEL MARTUSCELLO, JR., individually and
in his official capacity as the Superintendent of
the Coxsackie Correctional Facility, New York
State Department of Correctional Services,
Respondent.
-------------------------------APPEARANCES:

OF COUNSEL:

OFFICE OF BRUCE R. BRYAN
Attorney for Petitioner
333 East Onondaga Street
Suite 600
Syracuse, NY 13202

BRUCE R. BRYAN, ESQ.

HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
120 Broadway
New York, NY 10271

MATTHEW B. KELLER, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Petitioner William O'Daniel brought this petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On December 4, 2017, the Honorable David E. Peebles,
United States Magistrate Judge, advised by Report-Recommendation that the petition be

denied but that a certificate of appealability be issued concerning petitioner's Sixth
Amendment choice-of-counsel claim. Petitioner and respondent filed timely objections to the
Report-Recommendation, and respondent submitted an additional though untimely response
to petitioner's objections.
Based upon a de novo review of the portions of the Report-Recommendation to
which petitioner and respondent objected, the Report-Recom mendation 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
2. A Certificate of Appealability is ISSUED concerning only petitioner's Sixth
Amendment choice-of-counsel claim.
IT IS SO ORDERED.

Dated: March 19, 2018
Utica, New York.

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