Ildefonso v. Wendland, No. 9:2018cv01159 - Document 18 (N.D.N.Y 2020)
Court Description: DECISION AND ORDER: It is hereby ORDERED that the # 17 Report-Recommendation is accepted in whole. The # 1 petition for a writ of habeas corpus is DENIED and DISMISSED; and No Certificate of Appealability shall be issued. Signed by Judge David N. Hurd on 1/6/2020. (Copy served via regular mail)(meb)
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Ildefonso v. Wendland Doc. 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BENJAMIN C. ILDEFONSO, Petitioner, -v- 9:18-CV-1159 (DNH/ATB) ROSEMARIE WENDLAND, Superintendent, Respondent. -------------------------------APPEARANCES: BENJAMIN C. ILDEFONSO Petittioner pro se 13-B-1412 Otisville Correctional Facility Box 8 Otisville, NY 10963 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Respondent 28 Liberty Street New York, NY 10005 DENNIS A. RAMBAUD, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se petitioner Benjamin C. Ildefonso brought this petition for habeas relief pursuant to 28 U.S.C. § 2254. On October 31, 2019, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that the petition be denied and dismissed and no certificate of appealability be issued. No objections to the Dockets.Justia.com 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). Therefore, it is ORDERED that 1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and 2. No Certificate of Appealability shall be issued. IT IS SO ORDERED. Dated: January 6, 2020 Utica, New York. -2-
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