DeVivo v. U.S. Probation Office

Full title: ANTHONY A. DeVIVO, Petitioner, v. UNITED STATES PROBATION OFFICE…

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

Date published: Sep 4, 2009

9:08-CV-673 (N.D.N.Y. Sep. 4, 2009)

Opinion

9:08-CV-673.

September 4, 2009

ANTHONY A. DeVIVO, Petitioner, Pro Se, Marcy Correctional Facility, Marcy, NY.

HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, Syracuse, NY, CHARLES E. ROBERTS, ESQ., Asst. Attorney General.

ORDER

DAVID HURD, District Judge

Petitioner, Anthony A. DeVivo, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Report-Recommendation dated July 20, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus (Docket No. 1) be denied. The Magistrate Judge also recommended that a certificate of appealability not issue with respect to any of petitioner's claims. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. The petition is DENIED;

2. The petition is DISMISSED in all respects;

3. A Certificate of Appealability will not be issued.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.