Russ v. Fischer, No. 9:2013cv01270 - Document 25 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER: ORDERED, that the 22 Report and Recommendation is adopted in whole. ORDERED, that the petition for a writ of habeas corpus is DENIED and DISMISSED. ORDERED, that the Clerk is directed to close the file. ORDERED, that 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 7/8/14. (served on petitioner by regular mail) (alh, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BRYON K. RUSS, SR., Petitioner, -v- 9:13-CV-1270 BRIAN FISCHER, Commissioner of Corrections, Respondent. -------------------------------APPEARANCES: OF COUNSEL: BRYON K. RUSS, SR. 01-B-0452 Petitioner pro se Clinton Correctional Facility P.O. Box 2002 Dannemora, NY 12929 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Respondent 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 Bryon K. Russ, Sr. brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed. Petitioner timely filed objections to the Report-Recommendation. Respondent filed a letter brief urging adoption of the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation 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 1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and 2. The Clerk is directed to close the file. 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: July 8, 2014 Utica, New York. -2-
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