Opinion
9:09-CV-1191.
December 1, 2010
JORGE LINARES, Petitioner, Pro Se, 96-A-3483, Cape Vincent Correctional Facility, Cape Vincent, NY.
PAUL B. LYONS, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, New York, NY.
DECISION and ORDER
Petitioner, Jorge Linares, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on October 23, 2009. By Report-Recommendation dated October 8, 2010, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the respondent's motion to dismiss (Docket No. 13) be granted and the petition for a writ of Habeas Corpus (Docket No. 1) be denied; and further recommended that no certificate of appealability should be issued with respect to any of petitioners claims. Petitioner requested, and was granted, additional time to submit objections to the Report-Recommendation. No objections were ever filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. The respondent's motion to dismiss (Docket No. 13) is GRANTED;
2. The petition for a writ of habeas corpus is DENIED; and
3. No certificate of appealability will be issued.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
Dated: December 1, 2010
Utica, New York.