Opinion
9:11-CV-1112
04-15-2015
DAVID McCULLOUGH, Petitioner, v. NYS DIVISION OF PAROLE, Respondent.
APPEARANCES: DAVID McCULLOUGH Petitioner Pro Se 2500 South Salina St Syracuse, NY 13205 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants Litigation Bureau The Capitol Albany, NY 12224 OF COUNSEL: THOMAS B. LITSKY, ESQ. Ass't Attorney General
APPEARANCES: DAVID McCULLOUGH
Petitioner Pro Se
2500 South Salina St
Syracuse, NY 13205
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
Litigation Bureau
The Capitol
Albany, NY 12224
OF COUNSEL: THOMAS B. LITSKY, ESQ.
Ass't Attorney General
DAVID N. HURD United States District Judge DECISION and ORDER
Pro se petitioner David McCullough brought this petition for habeas relief pursuant to 28 U.S.C. § 2254. On March 23, 2015, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be dismissed and no certificate of appealability be issued. No objections to the Report-Recommendation were filed.
Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. The petition for a writ of habeas corpus is DENIED and DISMISSED;
2. Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253; and
3. The Clerk serve a copy of this Decision and Order on the parties in accordance with the Local Rules, enter judgment accordingly, and close the file.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: April 15, 2015
Utica, New York.