Anderson v. Racette

Filing 22

DECISION AND ORDER: ORDERED that 20 Report and Recommendation is adopted in whole. ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. 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 7/6/17. {order served via regular mail on petitioner}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------BRENDON ANDERSON,
Petitioner,
-v-

9:16-cv-208
(DNH/CFH)

S. RACETTE, Superintendent, Upstate
Correctional Facility,
Respondent.
-------------------------------APPEARANCES:

OF COUNSEL:

BRENDON ANDERSON
Petitioner, Pro Se
11-A-1817
Upstate Correctional Facility
P.O. Box 2001
Malone, New York 12953
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
120 Broadway
New York, New York 10271

DENNIS A. RAMBAUD, ESQ.
LISA E. FLEISCHMANN, ESQ.
Ass't Attorneys General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se petitioner Brendon Anderson brought this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. On May 16, 2017, the Honorable Christian F.
Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that the
petition be denied and dismissed and that no certificate of appealability be issued. Petitioner

filed untimely objections to the Report-Recommendation. Though late, petitioner's objections
have been considered.
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
The petition for a writ of habeas corpus is DENIED and DISMISSED.

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 6, 2017
Utica, New York.

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