Summary
holding that a petitioner who had been released to parole "failed to demonstrate a continuing concrete injury as the result of the alleged miscalculation of his release dates that might have been remediable by writ"
Summary of this case from McCormick v. AnnucciOpinion
9:03-CV-1151 (LEK/VEB).
March 31, 2008
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on September 28, 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. 48).
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. 48) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that Petitioner's claim for habeas relief based upon a miscalculation of his release date (Dkt. No. 1) is DISMISSED as moot; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.