Davis v. Powers

Full title: ROSEMARY DAVIS, Petitioner, v. WILLIAM POWERS, Superintendent, Respondent

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

Date published: Apr 28, 2010

9:07-CV-1099 (N.D.N.Y. Apr. 28, 2010)

Opinion

9:07-CV-1099.

April 28, 2010

ROSEMARY DAVIS, No. 05-G-0041, Albion Correctional Facility, Albion, New York, Petitioner, pro se.

ALYSON J. GILL, ESQ., THOMAS B. LITSKY, ESQ., Assistant Attorneys General, HON. ANDREW M. CUOMO, Attorney General for the State of New York, New York, New York, Counsel for Respondent.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed on the 6^th day of April 2010. 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

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The petition for a writ of habeas corpus is denied. 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.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.