Smith v. Murray

Full title: ALAN M. SMITH, Petitioner, v. TIMOTHY MURRAY, Respondent

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

Date published: Sep 5, 2007

03-CV-6553L (W.D.N.Y. Sep. 5, 2007)

Opinion

03-CV-6553L.

September 5, 2007

DECISION AND ORDER

DAVID LARIMER, Chief District Judge

The Court has referred all pretrial motions in this case to United States Magistrate Judge Victor E. Bianchini pursuant to 28 U.S.C. § 636(b). Dkt. #10. On August 1, 2007, Magistrate Judge Bianchini issued a Report and Recommendation ("R R") recommending that the petition for a writ of habeas corpus be denied. Dkt. #11.

Under Rule 72(b) of the Federal Rules of Civil Procedure, and Rule 72.3(a)(3) of the Local Rules of Civil Procedure for this district, petitioner had ten days after receipt of a copy of the R R to file any objections to it. Petitioner has not done so, nor has he sought an extension of time in which to file objections.¹

1 According to the New York State Department of Corrections internet inmate lookup service,http://nysdocslookup.docs.state.ny.us, petitioner was released from custody in August 2006.

Having reviewed the R R, I agree with Magistrate Judge Bianchini's findings and conclusions, and I accept and adopt the R R in its entirety. The petition is therefore dismissed.

CONCLUSION

The Report and Recommendation of United States Magistrate Judge Victor E. Bianchini (Dkt. #11) is in all respects accepted. Respondent's motion to dismiss the petition is granted and the petition is dismissed with prejudice.

IT IS SO ORDERED.