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Mayerhofer v. Bennett

United States District Court, N.D. New York
Jun 6, 2007
9:02-CV-0074 (LEK/VEB) (N.D.N.Y. Jun. 6, 2007)

Summary

rejecting § 2254 petition, and holding that "mere fact that the trial court, following conviction, imposed a high sentence does not, in and of itself, establish `actual vindictiveness'"

Summary of this case from Mateo v. Fishkill Correctional Facility

Opinion

9:02-CV-0074 (LEK/VEB).

June 6, 2007


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on April 06, 2007, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 39).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 39) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Petitioner's amended Petition (Dkt. No. 28) for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED and DISMISSED; and it is further

ORDERED, that a certificate of appealability is not issued; and it is further

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

IT IS SO ORDERED.


Summaries of

Mayerhofer v. Bennett

United States District Court, N.D. New York
Jun 6, 2007
9:02-CV-0074 (LEK/VEB) (N.D.N.Y. Jun. 6, 2007)

rejecting § 2254 petition, and holding that "mere fact that the trial court, following conviction, imposed a high sentence does not, in and of itself, establish `actual vindictiveness'"

Summary of this case from Mateo v. Fishkill Correctional Facility
Case details for

Mayerhofer v. Bennett

Case Details

Full title:MICHAEL W. MAYERHOFER, Petitioner, v. FLOYD BENNETT, Respondent

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

Date published: Jun 6, 2007

Citations

9:02-CV-0074 (LEK/VEB) (N.D.N.Y. Jun. 6, 2007)

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