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CABAN v. MITCHELL

August 25, 1995

AUGUSTIN CABAN, Petitioner, against ROBERT MITCHELL, SUPERINTENDENT, EASTERN NEW YORK CORRECTIONAL FACILITY, Respondent.


The opinion of the court was delivered by: SPRIZZO

ORDER

 The above-captioned petition for a writ of habeas corpus having come before the Court, and the Court having referred the Petition to United States Magistrate Judge Theodore H. Katz for a report and recommendation, and the Magistrate Judge having issued a report recommending that the Petition be dismissed, and the petitioner filed an objection to the Magistrate Judge's recommendation dated July 9, 1995, and the Court having considered the Magistrate Judge's recommendation, and the Court having conducted a de novo determination of those portions of the report to which petitioner objected in accordance with Rule 8(b)(4) of the Rules Governing § 2254 Cases, and the Court found that petitioner's petition and objection fail to establish petitioner's burden on the merits, it is

 ORDERED that the report of the Magistrate Judge is adopted in its entirety, and it is further

 ORDERED that the above-captioned Petition for a writ of habeas corpus is dismissed, and it is further

 ORDERED that the Clerk of the Court shall close the above-captioned action.

 Dated: New York, New York

 August 25, 1995

 John E. Sprizzo

 United States District Judge

19950825

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