McCullough v. NYS Division of Parole, No. 9:2011cv01112 - Document 16 (N.D.N.Y 2015)
Court Description: DECISION and ORDER: ORDERED that 14 Report and Recommendation is accepted in whole. ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. 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 4/15/15. {order served via regular mail on petitioner}(nas)
Download PDF
<![CDATA[
McCullough v. NYS Division of Parole Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DAVID McCULLOUGH, Petitioner, -v- 9:11-CV-1112 NYS DIVISION OF PAROLE, Respondent. -------------------------------APPEARANCES: OF COUNSEL: DAVID McCULLOUGH Petitioner Pro Se 2500 South Salina St Syracuse, NY 13205 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants Litigation Bureau The Capitol Albany, NY 12224 THOMAS B. LITSKY, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se petitioner David McCullough brought this petition for habeas relief pursuant to 28 U.S.C. § 2254. On March 23, 2015, the Honorable Dav id E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be dismissed and no certificate of appealability be issued. No objections to the Report-Recommendation were filed. Dockets.Justia.com Based upon a careful review of 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. The petition for a writ of habeas corpus is DENIED and DISMISSED; 2. 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; and 3. The Clerk serve a copy of this Decision and Order on the parties in accordance with the Local Rules, enter judgment accordingly, and close the file. IT IS SO ORDERED. Dated: April 15, 2015 Utica, New York. -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
