Gilliam v. Artus

Filing 29

ORDER adopting Report and Recommendation re 25 dismissing petition for a writ of habeas corpus. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 8/25/2009. (JMB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK DANIEL L. GILLIAM, SR., Petitioner, ORDER 03-CV-607 v. DALE ARTUS, Superintendent Clinton Correctional Facility, Respondent. The above-referenced case was referred to Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. 636(b)(1)(B). On June 26, 2009, Magistrate Judge Bianchini filed a Report and Recommendation, recommending that the petition for a writ of habeas corpus be dismissed. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. 636(b)(1), and for the reasons set forth in Magistrate Judge Bianchini's Report and Recommendation, the petition for a writ of habeas corpus is dismissed. 1 The Court finds that petitioner has failed to make a substantial showing of the denial of a constitutional right and therefore denies his motion for a certificate of appealability. 28 U.S.C. 2253(c)(2). The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: August 25, 2009 2

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