Minier v. Perdue, No. 9:2012cv00637 - Document 10 (N.D.N.Y 2014)
Court Description: DECISION and ORDER: Pro se petitioner Luis Minier brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. On May 28, 2014, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommen dation that the petition be denied and that no certificate of appealability be issued. No objections to the Report- Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Re port-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED and DISMISSED; 2. A Certificate of A ppealability will not be issued. The Clerk is directed to serve a copy of this Decision and Order upon petitioner in accordance with the Local Rules and close the file. Signed by Judge David N. Hurd on 6/27/2014. (ptm) (Copy served on petitioner by regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LUIS MINIER, Petitioner, No. 9:12-CV-0637 (DNH/RFT) -vRUSSELL PERDUE, Warden, Respondent. -------------------------------APPEARANCES: OF COUNSEL: LUIS MINIER Petitioner, Pro Se 62708-004 Ray Brook Federal Correctional Institution PO Box 900 Ray Brook, NY 129771 HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York 100 South Clinton Street P.O. Box 7198 Syracuse, NY 13261 CHARLES E. ROBERTS, ESQ. Ass't United States Attorney DAVID N. HURD United States District Judge DECISION and ORDER Pro se petitioner Luis Minier brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. On May 28, 2014, the Honorable Randolph F. Treece, United States 1 This is petitioner's last known address. He has not resided at Ray Brook Federal Correctional Institution for more than one year; however, he has failed to apprise the Court of his current address. See Dkt. No. 7, Lt., dated Jan. 30, 2014. The Report-Recommendation which is the subject of this Decision and Order was sent to him at this address and returned as undeliverable on June 9, 2014. See Dkt. No. 9. Magistrate Judge, advised by Report-Recommendation that the petition be denied and that no certificate of appealability be issued. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED and DISMISSED; 2. A Certificate of Appealability will not be issued. The Clerk is directed to serve a copy of this Decision and Order upon petitioner in accordance with the Local Rules and close the file. Dated: June 27, 2014 Utica, New York. -2-
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