Opinion
9:18-CV-1159 (DNH/ATB)
01-06-2020
BENJAMIN C. ILDEFONSO, Petitioner, v. ROSEMARIE WENDLAND, Superintendent, Respondent.
APPEARANCES: BENJAMIN C. ILDEFONSO Petittioner pro se 13-B-1412 Otisville Correctional Facility Box 8 Otisville, NY 10963 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Respondent 28 Liberty Street New York, NY 10005 DENNIS A. RAMBAUD, ESQ. Ass't Attorney General
APPEARANCES: BENJAMIN C. ILDEFONSO
Petittioner pro se
13-B-1412
Otisville Correctional Facility
Box 8
Otisville, NY 10963 HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Respondent
28 Liberty Street
New York, NY 10005 DENNIS A. RAMBAUD, ESQ.
Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER
Pro se petitioner Benjamin C. Ildefonso brought this petition for habeas relief pursuant to 28 U.S.C. § 2254. On October 31, 2019, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that the petition be denied and dismissed and no certificate of appealability be issued. No objections to the Report-Recommendation were filed.
Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and
2. No Certificate of Appealability shall be issued.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: January 6, 2020
Utica, New York.