Opinion
9:05-CV-338.
May 9, 2007
FOR THE PETITIONER: WILLIAM B. ROSBROOK, ESQ., OFFICE OF WILLIAM B. ROSBROOK, The Sherwood House, Skaneateles, NY.
FOR THE RESPONDENT: LUKE MARTLAND, ESQ., ATTORNEY GENERAL OF THE STATE OF NEW YORK, New York, NY.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 19th day of April, 2007. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
1. ORDERED that the petition for a writ of habeas corpus is DENIED, and it is further
2. ORDERED that the petitioner has failed to make a substantial showing of a denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2); accordingly, no certificate of appealability shall issue, and it is further
3. ORDERED that the Clerk of the Court shall enter judgment accordingly and close this case.
IT IS SO ORDERED.