Jeanty v. McGinnis

Full title: PATRICK JEANTY, Petitioner, v. MICHAEL McGINNIS, Respondent

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

Date published: Jan 25, 2006

9:00-CV-1752 (N.D.N.Y. Jan. 25, 2006)

Opinion

9:00-CV-1752.

January 25, 2006

PATRICK JEANTY, Petitioner, Pro Se, 98-A-1874, Elmira Correctional Facility, Elmira, NY.

HON. ELIOT L. SPITZER, Attorney General of the State of New York, Attorney for Respondent, Department of Law, The Capitol, Albany, NY, of Counsel STEVEN H. SCHWARTZ, ESQ., Asst. Attorney General.

DECISION AND ORDER

DAVID HURD, District Judge

Petitioner, Patrick Jeanty, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By a report recommendation dated November 14, 2005, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed. Petitioner filed timely objections, as well as a Supplemental Objection.

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.