Summary
finding that information provided by a confidential informant was reliable and had veracity since the events occurred as the informant had predicted
Summary of this case from U.S. v. OrtizOpinion
9:00-CV-191.
January 29, 2007
KERRY HUNTLEY, Petitioner, Pro Se, 96-A-6846, Southport Correctional Facility, Pine City, NY.
STEVEN H. SCHWARTZ, ESQ., Asst. Attorney General, HON. ELIOT L. SPITZER, Attorney General of the State of New York, Attorney for Respondent, Department of Law, Albany, NY.
DECISION and ORDER
Petitioner, Kerry Huntley, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By a report recommendation dated December 5, 2006, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed. Petitioner filed timely objections.
Based upon a de novo determination of the report and recommendation, including the portions to which petitioner 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 the petition is DENIED and DISMISSED in its entirety.
IT IS SO ORDERED.