Opinion
9:07-CV-0078.
September 25, 2008
FRANK SACCO, Petitioner, pro se, 03-A-5346.
CHARLES E. ROBERTS, ESQ., Assistant United States Attorney, ANDREW T. BAXTER, Acting United States Attorney, Syracuse, New York, Attorney for Respondent.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 18th day of August 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The petition for a writ of habeas corpus is dismissed as moot on the basis that petitioner is deceased.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.