Johnson v. Conway

Full title: KEENAN JOHNSON, Petitioner, v. JAMES CONWAY, Respondent

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

Date published: Jul 12, 2007

9:01-CV-946 (N.D.N.Y. Jul. 12, 2007)

Opinion

9:01-CV-946.

July 12, 2007

KEENAN JOHNSON, Petitioner, Pro Se, 95-B-1457, Attica Correctional Facility, Attica, New York.

GREGORY G. McPHEE, ESQ., Attorney for Petitioner, Manlius, New York.

MARIA MORAN, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, Syracuse, New York.

DECISION and ORDER

DAVID HURD, District Judge

Petitioner, Keenan Johnson, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The respondent made a motion to dismiss the petition. By Report-Recommendation dated March 22, 2007, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the petition be denied and dismissed. There have been no objections made to the Report-Recommendation.

Accordingly, it is

ORDERED that

1. Respondent's motion to dismiss is GRANTED;

2. The petition for a writ of habeas corpus is DENIED and DISMISSED in its entirety; and

3. The motion of attorney Gregory McPhee to withdraw as attorney for the petitioner is DENIED as moot.

The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.