Barton v. Fillion

Full title: CARL BARTON, Petitioner, v. GARY FILLION, Respondent

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

Date published: Oct 9, 2007

9:03-CV-1377 (N.D.N.Y. Oct. 9, 2007)

Opinion

9:03-CV-1377.

October 9, 2007

CARL BARTON, Petitioner, Pro Se, 01-A-0037, Coxsackie Correctional Facility, Coxsackie, NY.

STEVEN H. SCHWARTZ, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, The Capitol, Albany, NY.

DECISION and ORDER

DAVID HURD, District Judge

Petitioner, Carl Barton, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Report-Recommendation dated August 6, 2007, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the petition be denied and dismissed. There have been no objections made to the Report-Recommendation.

Accordingly, it is

ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED in all respects

The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.