Opinion
9:06-CV-248.
July 16, 2007
JEREMIAH GARY, Petitioner, Pro Se, 03-B-2608, Attica Correctional Facility, Attica, NY.
HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, New York, NY, LUKE MARTLAND, ESQ., Asst. Attorney General.
DECISION and ORDER
Petitioner, Jeremiah Gary, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By a report recommendation dated April 9, 2007, the Honorable David R. Homer, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied. Petitioner has filed timely objections.
Based upon a de novo determination of the report and recommendation, including the portions to which petitioner objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Accordingly, it is
ORDERED that the petition is DENIED and DISMISSED in its entirety.
IT IS SO ORDERED.