Robertson v. Artus

Full title: MALIK ROBERTSON, Petitioner, v. DALE ARTUS, Respondent

Court: United States District Court, N.D. New York

Date published: Feb 27, 2008

9:04-CV-946 (N.D.N.Y. Feb. 27, 2008)

Opinion

9:04-CV-946.

February 27, 2008

MALIK ROBERTSON, 01-B-2810, Auburn Correctional Facility, Auburn, NY, Petitioner Pro Se.

PRISCILLA I. STEWARD, Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, New York, New York, Counsel for Respondent.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 6^th day of February, 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

1. The Report-Recommendation is hereby approved.

2. The petition for a writ of habeas corpus filed by petitioner is denied and dismissed. Because Petitioner has failed to make a substantial showing of a denial of a constitutional right, a certificate of appealability will not be issued.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.