Hale v. Yelich, No. 9:2008cv00768 - Document 11 (N.D.N.Y 2010)
Court Description: DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 10 ) is APPROVED and ADOPTED in its ENTIRETY; ORDERED, that the Petition in this matter, as amended (Dkt. No. 5 ), is DISMISSED as untimely; ORDERED, that a certificate of appealability shall not be issued. Signed by Senior Judge Lawrence E. Kahn on 5/24/10. {order served on petitioner by regular mail} (mnc)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK WILLIAM HALE, Petitioner, -against- 9:08-CV-0768 (LEK/DEP) JOHN SABOURIN, Respondent. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on May 4, 2010, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 10). Within fourteen days after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peeble s Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 10) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Petition in this matter, as amended (Dkt. No. 5), is DISMISSED as untimely; and it is further 1 ORDERED, that a certificate of appealability shall not be issued; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: May 24, 2010 Albany, New York 2
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