From Casetext: Smarter Legal Research

Maldonado v. Craig

United States District Court, N.D. New York
Dec 16, 2008
9:07-CV-252 (LEK/VEB) (N.D.N.Y. Dec. 16, 2008)

Opinion

9:07-CV-252 (LEK/VEB).

December 16, 2008


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on November 3, 2008 by the Honorable Victor E. Bianchini, 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. 7). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Petitioner Adrian Maldonado, which were filed on November 20, 2008. Objections (Dkt. No. 8).

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. This Court also finds no merit to the Petitioner's argument that the Report-Recommendation should not be approved in light of the Second Circuit's recent decision in United States v. Darden, 539 F.3d 116 (2d Cir. 2008).

The Court has considered this argument, even though it was not presented to the Magistrate Judge in the first instance, becauseDarden was not decided until August 15, 2008, more than a year after the filing of the Petition in this case.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 7) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Maldonado's Petition for a writ of habeas corpus (Dkt. No. 1) is DENIED and DISMISSED in its entirety; and it is further

ORDERED, that no Certificate of Appealability shall issue with regard to any of Petitioner's claims; and it is further

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

IT IS SO ORDERED.


Summaries of

Maldonado v. Craig

United States District Court, N.D. New York
Dec 16, 2008
9:07-CV-252 (LEK/VEB) (N.D.N.Y. Dec. 16, 2008)
Case details for

Maldonado v. Craig

Case Details

Full title:ADRIAN MALDONADO, Petitioner, v. T.R. CRAIG, Warden, Respondent

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

Date published: Dec 16, 2008

Citations

9:07-CV-252 (LEK/VEB) (N.D.N.Y. Dec. 16, 2008)

Citing Cases

Alejandro v. Berbary

(citing Utsey, 855 N.E.2d at 793)); Utsey, 855 N.E.2d at 794 ("Under the plain language of the statute, the…