Opinion
9:13-CV-1270
07-08-2014
BRYON K. RUSS, SR., Petitioner, v. BRIAN FISCHER, Commissioner of Corrections, Respondent.
BRYON K. RUSS, SR. 01-B-0452 Petitioner pro se Clinton Correctional Facility HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Respondent LISA E. FLEISCHMANN, ESQ. Ass't Attorney General
APPEARANCES: BRYON K. RUSS, SR.
01-B-0452
Petitioner pro se
Clinton Correctional Facility
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
OF COUNSEL: LISA E. FLEISCHMANN, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Petitioner Bryon K. Russ, Sr. brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed. Petitioner timely filed objections to the Report-Recommendation. Respondent filed a letter brief urging adoption of the Report-Recommendation.
Based upon a de novo review of the portions of the Report-Recommendation to which petitioner objected, the Report-Recommendation is 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 for a writ of habeas corpus is DENIED and DISMISSED; and
2. The Clerk is directed to close the file.
Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.
IT IS SO ORDERED.
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United States District Court
Dated: July 8, 2014
Utica, New York.