Price v. Racette, No. 9:2012cv01546 - Document 19 (N.D.N.Y 2013)
Court Description: DECISION and ORDER: Based upon a de novo determination of the portions of the 17 Report-Recommendation to which petitioner objected, the 17 Report-Recommendation is adopted in whole. See 28 U.S.C. § 636(b)(1); Rule 10, Rules Governing Se ction 2254 Cases. Therefore, it is ORDERED that the 1 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. IT IS SO ORDERED. Signed by Judge David N. Hurd on 9/19/2013. (ptm) (Copy served on petitioner by regular mail)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------THEODORE PRICE, Plaintiff, -v- 9:12-CV-1546 SUPERINTENDENT, Great Meadow Correctional Facility Defendant. -------------------------------APPEARANCES: OF COUNSEL: THEODORE PRICE Plaintiff pro se 11-B-2790 Great Meadow Correctional Facility Box 51 Comstock, NY 12821 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant 120 Broadway New York, NY 10271 PAUL B. LYONS, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Petitioner Theodore Price brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 22, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed. Petitioner timely filed objections to the Report-Recommendation. Based upon a de novo determination of the portions of the ReportRecommendation to which petitioner 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 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. IT IS SO ORDERED. Dated: September 19, 2013 Utica, New York. -2-
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