-RFT Rivers v. Costello, No. 9:2008cv00107 - Document 30 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER adopting the 29 Report and Recommendations; denying and dismissing the petition for a writ of habeas corpus; denying a certificate of appealability. Signed by Senior Judge Thomas J. McAvoy on 9/30/2011. (amt) [Pltf served via reg. mail]
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ MUHAMMAD RIVERS, Petitioner, V. 9:08-CV-0107 JOSEPH COSTELLO, Respondent. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER This pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was referred to the Hon. Randolh F. Treece, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.4. No objections to the Report and Recommendation and Order dated September 9, 2011 have been filed. After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report and Recommendation for the reasons stated therein. This Court further agrees that a Certificate of Appealability is not warranted. It is therefore ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. Because there is no substantial showing of the denial of a constitutional right, a certificate of appealability is also DENIED. 1 IT IS SO ORDERED. Dated: September 30, 2011 2
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