Spikes v. Graham

Full title: HOWARD SPIKES, Petitioner, v. H.D. GRAHAM, Respondent

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

Date published: Oct 12, 2010

9:07-CV-1129 (N.D.N.Y. Oct. 12, 2010)

Opinion

9:07-CV-1129.

October 12, 2010

HOWARD SPIKES, Petitioner, Pro Se, Marcy Correctional Facility, Marcy, NY.

HON. ANDREW M. CUOMO, JODI A. DANZIG, ESQ., Asst. Attorney General, Attorney General of the, State of New York, Attorney for Respondent, Department of Law, New York, NY.

DECISION and ORDER

DAVID HURD, District Judge

Petitioner, Howard Spikes, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on October 24, 2007. By Report-Recommendation dated July 14, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus (Docket No. 1) be denied and dismissed; and further, that no certificate of appealability issue with respect to any of petitioner's claims. Petitioner requested, and was granted, additional time to submit objections to the Report-Recommendation. However, no objections were ever filed. The respondent has filed a letter urging the adoption of the Report-Recommendation.

Accordingly, it is

ORDERED that

1. The petition for a writ of habeas corpus is DENIED and DISMISSED in all respects; and further,

2. No certificate of appealability will be issued.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

Dated: October 8, 2010 Utica, New York.