Hines v. Schult

Full title: DARIUS HINES, Petitioner, v. DEBORA G. SCHULT, Warden, Respondent

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

Date published: Feb 10, 2009

9:08-CV-451 (N.D.N.Y. Feb. 10, 2009)

Opinion

9:08-CV-451.

February 10, 2009

DARIUS HINES, Petitioner, Pro Se, 21263-038, FCI Ray Brook, Ray Brook, NY.

CHARLES E. ROBERTS, ESQ., Assistant U.S. Attorney, HON. ANDREW T. BAXTER, Acting United States Attorney for the Northern District of New York, Syracuse, New York.

ORDER

DAVID HURD, District Judge

Petitioner, Darius Hines, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Report-Recommendation dated January 14, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the petition in this matter be denied and dismissed; and further, that a certificate of appealability not issue. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that the petition is DENIED and DISMISSED in all respects.

A Certificate of Appealability will not be issued.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.