United States District Court, W.D. New York
June 7, 2005.
RICKY J. NICHOLOPOULOS, Petitioner,
SUPERINTENDENT, ELMIRA CORRECTIONAL FACILITY, Respondent.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
On April 1, 2003, petitioner filed a petition for habeas
corpus. The case was referred to Magistrate Judge Hugh B. Scott
pursuant to 28 U.S.C. § 636(b)(1), on March 2, 2004. On February
14, 2005, Magistrate Judge Scott filed a Report and
Recommendation, recommending that the petition be denied.
Petitioner filed objections to the Report and Recommendation on February
25, 2005. Respondent filed a response thereto on May 9, 2005. The parties
waived oral argument on petitioner's objections.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de
novo determination of those portions of the Report and
Recommendation to which objections have been made. Upon a de novo review of the Report and
Recommendation, and after reviewing the submissions of the parties, the
Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge
Scott's Report and Recommendation, the petition for a writ of
habeas corpus is denied. The Clerk of Court is directed to take
all steps necessary to close this case.
IT IS SO ORDERED.
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