VAUGHAN v. LAPE

Full title: STEPHEN VAUGHAN, Petitioner, v. WILLIAM LAPE, Superintendent, Marcy…

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

Date published: Jul 12, 2007

9:05-CV-1323 (N.D.N.Y. Jul. 12, 2007)

Opinion

9:05-CV-1323.

July 12, 2007

STEPHEN VAUGHAN, Petitioner, Pro Se, Minoa, NY.

MALANCHA CHANDA, 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

DAVID HURD, District Judge

Petitioner, Stephen Vaughan, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The respondent made a motion to dismiss the petition. By Report-Recommendation dated March 2, 2007, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the motion to dismiss be granted and that the petition be denied and dismissed. There have been no objections made to the Report-Recommendation.

Accordingly, it is

ORDERED that

1. Respondent's motion to dismiss is GRANTED; and

2. The petition for a writ of habeas corpus is DENIED and DISMISSED in its entirety.

The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.