Summary
finding no proof of perjury where testimony was contradicted by inconsistencies with grand jury testimony and police dispatch records
Summary of this case from Hill v. BradtOpinion
9:03-CV-0779 (LEK/VEB), 9:04-CV-013 (LEK/GJD).
November 15, 2007
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on September 25, 2007, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 79).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 79) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that the Petition (Dkt. No. 1) is DENIED and DISMISSED; and it is further
ORDERED, that a Certificate of Appealability will not be issued; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.