Opinion
9:04-CV-188, 9:04-CV-189, 9:04-CV-190.
January 3, 2008
RICHARD GILFUS, JR., Petitioner, Pro Se, c/o Patricia Gilfus, Port Byron, NY.
JOHN GILFUS, Petitioner, Pro Se, c/o Patricia Gilfus, Port Byron, NY.
PATRICIA GILFUS, Petitioner, Pro Se, Port Byron, NY.
CHRISTOPHER T. VALDINA, ESQ., Assistant District Attorney, HON. JAMES B. VARGASON, District Attorney for Cayuga County, Attorney for Respondent, County Courthouse Annex, Auburn, NY.
DECISION and ORDER
Petitioners, Richard Gilfus, Jr., John Gilfus, and Patricia Gilfus brought identical petitions for writs of habeas corpus pursuant to 28 U.S.C. § 2254 in the above actions. By a report recommendation dated October 19, 2007, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that each petition in the above respective actions be denied. Petitioners have filed timely objections.
(Gilfus vs Vargason, No. 04-CV-188, Report-Recommendation Order at n. 2 (N.D.N.Y. Oct. 19, 2007) (Docket No. 32).
Based upon a de novo determination of the report and recommendation, including the portions to which petitioners have objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Accordingly, it is
ORDERED that
1. The petition of Richard Gilfus, Jr., is DENIED and DISMISSED in all respects in Action No. 9:04-CV-188;
2. The petition of John Gilfus is DENIED and DISMISSED in all respects in Action No. 9:04-CV-189;
3. The petition of Patricia Gilfus is DENIED and DISMISSED in all respects in Action No. 9:04-CV-190; and
4. The Clerk is directed to enter judgments accordingly and close the files.
IT IS SO ORDERED.