-ATB Farrell v. Inserra, No. 9:2010cv00434 - Document 17 (N.D.N.Y 2011)
Court Description: DECISION and ORDER: ORDERED that 16 Report and Recommendation is adopted in its entirety. ORDERED that Farrell's petition is DENIED and DISMISSED. ORDERED that a certificate of appealability is denied. Signed by Senior Judge Lawrence E. Kahn on 5/16/11. {order served via regular mail on all non-ecf parties}(nas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KEVIN M. FARRELL, Petitioner, -against- 9:10-CV-0434 (LEK/ATB) THEODORE A. INSERRA, Superintendent, Respondent. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on April 21, 2011, by the Honorable Andrew T. Baxter, 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. 16). 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(c). No objections have been raised in the allotted time with respect to Magistrate Judge Baxter s ReportRecommendation. 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. 16) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Farrell s Petition (Dkt. No. 1) is DENIED and DISMISSED; and it is further ORDERED, that a certificate of appealability is DENIED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: May 16, 2011 Albany, NY 2
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