Denis v. Unger, No. 9:2012cv01562 - Document 12 (N.D.N.Y 2013)

Court Description: DECISION AND ORDER: ORDERED that 11 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 9/19/13. {order served via regular mail on petitioner}(nas, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JORGE DENIS, Petitioner, -v- 9:12-CV-1562 DAVID M. UNGER, Superintendent, Respondent. -------------------------------APPEARANCES: OF COUNSEL: JORGE DENIS Plaintiff pro se 04-B-2782 Wyoming Correctional Facility P.O. Box 501 Attica, NY 14011 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant 120 Broadway New York, NY 10271 LISA E. FLEISCHMANN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Petitioner Jorge Denis brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 6, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed. No objections to the Report-Recommendation were filed. 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); 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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