Ashley v. Yelich, No. 9:2012cv01703 - Document 44 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: ORDERED that 41 Report and Recommendation is accepted 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 12/1/15. {order served via regular mail on petitioner}(nas)

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Ashley v. Yelich Doc. 44 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------PATRICK R. ASHLEY, Petitioner, -v- 9:12-CV-1703 (DNH/DEP) BRUCE S. YELICH Respondent. -------------------------------APPEARANCES: OF COUNSEL: PATRICK R. ASHLEY Petitioner, Pro Se 08-A-1195 Onondaga County Justice Center Syracuse, NY 13201 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Respondent 120 Broadway New York, NY 10271 PAUL B. LYONS, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se petitioner Patrick R. Ashley brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 27, 2015, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied. Both petitioner and respondent timely filed objections to the Report-Recommendation. See ECF Nos. 42 & 43. Dockets.Justia.com Based upon a de novo review of the portions of the Report-Recommendation to which petitioner and respondent 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 1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and 2. 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: December 1, 2015 Utica, New York. -2-

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