Summary
In Rockwell v. Raymond (5 N.Y. Supp. 642) a statute had conferred, among other powers, upon the city judge of Yonkers, "the same jurisdiction and power as a justice of the peace of towns," and also civil jurisdiction upon the City Court where the amount did not exceed $1,000, "provided that one of the parties to the action shall be a resident of the city of Yonkers or a resident of a town in the county of Westchester adjoining said city."
Summary of this case from Ziegler v. CorwinOpinion
Case No. 1:08-cv-118-SJM-SPB.
January 14, 2011
MEMORANDUM ORDER
The instant petition for writ of habeas corpus was received by the Clerk of Court on April 25, 2008 and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Report and Recommendation, filed on December 13, 2010 [18], recommends that the instant petition for writ of habeas corpus be denied and that a certificate of appealability also be denied. The parties were allowed fourteen (14) days from the date of service in which to file objections. Service was made on Petitioner by certified mail at SCI-Albion, where he is currently incarcerated, and on the Respondents. No objections to the Report and Recommendation have been filed.
After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 14th Day of January, 2011;
IT IS ORDERED that the instant petition for writ of habeas corpus be, and hereby is, DENIED. Inasmuch as reasonable jurists would not find it debatable whether the instant petition lacks merit and should be denied, IT IS FURTHER ORDERED that no certificate of appealability shall issue.
The Report and Recommendation of Magistrate Judge Baxter, filed on December 13, 2010 [18], is adopted as the opinion of the Court.