Fisher v. Superintendent

Filing 31

ORDER for 30 Report and Recommendations: Magistrate Judge Netburn's Report is well-reasoned, thorough, fair, and presents no errors, and is therefore fully adopted. Accordingly, the petition for writ of habeas corpus is denied. The Clerk of the Court is directed to close the case. (Signed by Judge J. Paul Oetken on 1/14/2014) Copies Mailed By Chambers. (tn)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X : JOSEPH FISHER, : Petitioner, : : -v: : SUPERINTENDENT, : Defendant. : : ------------------------------------------------------------- X 1/14/2014 12 Civ. 6703 (JPO) ORDER J. PAUL OETKEN, District Judge: The Court has reviewed Magistrate Judge Sarah Netburn’s Report and Recommendation (“the Report”) following referral of the case for habeas corpus. Because no party filed a timely objection to the Report, the Court reviews it for clear error. See Fed. R. Civ. P. 72(b), Adv. Comm. Notes (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). Magistrate Judge Netburn’s Report is well-reasoned, thorough, fair, and presents no errors, and is therefore fully adopted. Accordingly, the petition for writ of habeas corpus is denied. The Clerk of the Court is directed to close the case. SO ORDERED. Dated: New York, New York January 14, 2014 ____________________________________ J. PAUL OETKEN United States District Judge Mailed to pro se petitioner on January 14, 2014 at: Joseph Fisher 05A6162 Mid-State Correctional Facility P.O. Box 2500 Marcy, NY 13403 2

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