Opinion
File No. 2:96 CR 17-2.
August 5, 2005
ORDER
The Report and Recommendation of the United States Magistrate Judge was filed July 14, 2005. Petitioner's objections were filed July 28, 2005.
A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b) (1); Perez-Rubio v. Wyckoff, 718 F.Supp. 217, 227 (S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part, the magistrate's proposed findings and recommendations." Id.
After careful review of the file, the Magistrate Judge's Report and Recommendation and the objections, this Court ADOPTS the Magistrate Judge's recommendations in full.
The Court construes Maisonneauve's motion (Paper 169) as second and successive, and TRANSFERS the case to the Second Circuit pursuant to 28 U.S.C. § 1631.