Hunt v. Superintendent

Full title: HAROLD A. HUNT, Petitioner, v. SUPERINTENDENT, Respondent

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

Date published: Dec 13, 2010

9:09-CV-934 (N.D.N.Y. Dec. 13, 2010)

Opinion

9:09-CV-934.

December 13, 2010

HAROLD A. HUNT, Petitioner, pro se. THOMAS B. LITSKY, ESQ., Assistant Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, New York, New York, Attorney for Respondent.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 17^th day of November 2010. Following fourteen (14) 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 Writ of Habeas Corpus is denied and dismissed. 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 the petitioner, and all other parties and the Magistrate Judge assigned to this case. Petitioner shall be served by Certified Mail, Return Receipt Requested.

IT IS SO ORDERED.

Dated: December 13, 2010

Syracuse, New York