Anderson v. Racette, No. 9:2016cv00208 - Document 22 (N.D.N.Y 2017)
Court Description: DECISION AND ORDER: ORDERED that 20 Report and Recommendation is adopted in whole. ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. 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. Signed by Judge David N. Hurd on 7/6/17. {order served via regular mail on petitioner}(nas, )
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Anderson v. Racette Doc. 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BRENDON ANDERSON, Petitioner, -v- 9:16-cv-208 (DNH/CFH) S. RACETTE, Superintendent, Upstate Correctional Facility, Respondent. -------------------------------APPEARANCES: OF COUNSEL: BRENDON ANDERSON Petitioner, Pro Se 11-A-1817 Upstate Correctional Facility P.O. Box 2001 Malone, New York 12953 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Respondent 120 Broadway New York, New York 10271 DENNIS A. RAMBAUD, ESQ. LISA E. FLEISCHMANN, ESQ. Ass't Attorneys General DAVID N. HURD United States District Judge DECISION and ORDER Pro se petitioner Brendon Anderson brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 16, 2017, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed and that no certificate of appealability be issued. Petitioner Dockets.Justia.com filed untimely objections to the Report-Recommendation. Though late, petitioner's objections have been considered. 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 The petition for a writ of habeas corpus is DENIED and DISMISSED. 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 6, 2017 Utica, New York. -2-
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