Summary
dismissing the petitioner's claim concerning the sufficiency of the evidence supporting his conviction based where, inter alia, “there was no weapon ever found, no motive established”
Summary of this case from White-Span v. CoreyOpinion
9:05-CV-443.
September 19, 2008
DANIELLE PERKINS, Petitioner, Pro Se, 98-A-7295, Elmira Correctional Facility, Elmira, NY.
ALYSON J. GILL, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, New York, NY.
DECISION and ORDER
The petitioner, Danielle Perkins, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report recommendation dated April 29, 2008, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied, that the petition be dismissed, and that a certificate of appealability not issue. Petitioner has filed timely objections to the report and recommendation.
Based upon a de novo determination of the report and recommendation, including the portions to which petitioner has 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.
Therefore, it is
ORDERED that
1. The petition of Danielle Perkins is DENIED;
2. The petition is DISMISSED;
3. A Certificate of Appealability will not be issued in this matter; and
4. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.