Summary
holding that petitioner's claim that he was improperly denied a missing witness charge did not provide grounds for habeas relief where petitioner failed to show, among other things, that the witness would have testified favorably for the prosecution
Summary of this case from Horton v. ErcoleOpinion
No. 9:03-CV-0053 (FJS/DEP).
May 1, 2007
LAWRENCE MOORE, pro se, 99-B-0773, Elmira Correctional Facility, Elmira, NY.
HON. ANDREW M. CUOMO, Office of Attorney General, SENTA B. SIUDA, ESQ., Assistant Attorney General, Syracuse, NY.
ORDER
Presently before the Court is Magistrate Judge David E. Peebles' Report-Recommendation filed on February 20, 2007 in which he recommends that the petition be denied and dismissed in its entirety. The Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation have been filed even though, as per the direction of Senior Judge Frederick J. Scullin, two extensions of time to file objections to the report-recommendation were granted; one on the 27th of February, 2007 and the second extension granted on March 30, 2007, it is
ORDERED, that the petition in this matter is DENIED and DISMISSED in its entirety, and it is further
ORDERED, that the Clerk of the Court is to enter judgment in favor of the Respondent and close this case.
IT IS SO ORDERED.