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Lebron v. Artus

United States District Court, N.D. New York
Sep 20, 2007
9:05-CV-0534 (LEK/DEP) (N.D.N.Y. Sep. 20, 2007)

Summary

dismissing Eight Amendment claim based on a two-year sentence to special housing unit

Summary of this case from Peralta v. Vasquez

Opinion

9:05-CV-0534 (LEK/DEP).

September 20, 2007


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on May 21, 2007 by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 15). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Petitioner Elvin LeBron, which were filed on September 4, 2007. Objections (Dkt. No. 24).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Petition for Habeas Corpus (Dkt. No. 1) is DENIED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Lebron v. Artus

United States District Court, N.D. New York
Sep 20, 2007
9:05-CV-0534 (LEK/DEP) (N.D.N.Y. Sep. 20, 2007)

dismissing Eight Amendment claim based on a two-year sentence to special housing unit

Summary of this case from Peralta v. Vasquez
Case details for

Lebron v. Artus

Case Details

Full title:ELVIN LEBRON, Petitioner, v. DALE ARTUS, Respondent

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

Date published: Sep 20, 2007

Citations

9:05-CV-0534 (LEK/DEP) (N.D.N.Y. Sep. 20, 2007)

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Peralta v. Vasquez

Two years of segregation in a special housing unit does not necessarily constitute a violation of the Eighth…