Washington v. Graham, No. 1:2016cv00072 - Document 29 (W.D.N.Y. 2016)

Court Description: DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 23 . The Petition for Habeas Corpus 1 is denied. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/6/16. (LAS)-CLERK TO FOLLOW UP-

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Washington v. Graham Doc. 29 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK D’ALLYN E. WASHINGTON, Petitioner, DECISION AND ORDER 16-CV-72A v. HAROLD GRAHAM, Respondent. The Court referred this case to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). On August 18, 2016, Judge Scott filed a Report and Recommendation (Dkt. No. 23), recommending that the Petition for Habeas Corpus (Dkt. No. 1) be denied. On August 31, 2016, petitioner filed objections (Dkt. No. 24), and on September 16, 2016, Respondent filed a response. Pursuant to 28 U.S.C. §636(b)(1), the Court must review de novo those portions of the Report and Recommendation to which objections have been made. Upon de novo review, the Court adopts Judge Scott’s Report and Recommendation in its entirety. Accordingly, for the reasons set forth in Judge Scott’s Report and Recommendation, the Petition for Habeas Corpus is denied. Dockets.Justia.com The Clerk of Court shall take all steps necessary to close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: December 6, 2016

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