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JOHNSON v. SCULLY

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


June 12, 1997

JERMAINE JOHNSON, Petitioner,
v.
CHARLES J. SCULLY, Warden, Greenhaven Correctional Facility, Respondent.

The opinion of the court was delivered by: RAKOFF

ORDER

 JED S. RAKOFF, U.S.D.J.

 On May 22, 1997, the Honorable Andrew J. Peck, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter, recommending that the petition be dismissed pursuant to 28 U.S.C. ยง 2254.

 Petitioner has not filed any objections to the report, and, for that reason alone, has waived further review of the decisions therein. See Frank v. Johnson, 968 F.2d 298, 300 (2d Cir.), cert. denied, 506 U.S. 1038, 121 L. Ed. 2d 696, 113 S. Ct. 825 (1992). In addition, the Court has undertaken a de novo review of the record in this matter, and based on that review, the Court fully concurs with the reasoning and recommendations set forth by Magistrate Judge Peck in the report.

 Accordingly, the Court hereby incorporates by reference the Report of May 22, 1997, and, for the reasons articulated therein, as well as because of the absence of any objections thereto, dismisses the case in its entirety.

 Clerk to enter judgment.

 SO ORDERED.

 JED S. RAKOFF, U.S.D.J.

 Dated: New York, New York

 June 12, 1997

19970612

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