Johnson v. West

Full title: WELLINGTON JOHNSON, JR., Petitioner, v. CALVIN E. WEST, Respondent

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

Date published: Mar 29, 2007

9:04-CV-751 (N.D.N.Y. Mar. 29, 2007)

Opinion

9:04-CV-751.

March 29, 2007

WELLINGTON JOHNSON, JR., Petitioner, Pro Se, 01-B-0830, Elmira Correctional Facility, Elmira, NY.

HON. ANDREW M. CUOMO, ALYSON J. GILL, ESQ., LUKE MARTLAND, ESQ., Asst. Attorney General, Attorney General of the State of New York Attorney for Respondent, New York, NY.

DECISION and ORDER

DAVID HURD, District Judge

Petitioner, Wellington Johnson, Jr., brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By a report recommendation dated January 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.