United States District Court, W.D. New York
June 7, 2005.
DALE K. LITTLE, Petitioner,
JOSEPH F. McCOY, Superintendent, Cayuga Correctional Facility, Respondent.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
On February 13, 2001, petitioner filed a petition for a writ of
habeas corpus. On May 1, 2001, the case was referred to
Magistrate Judge H. Kenneth Schroeder, Jr. pursuant to
28 U.S.C. § 636(b)(1). On March 7, 2005, Magistrate Judge Schroeder filed a
Report and Recommendation, recommending that the petition for
habeas corpus relief be dismissed and that a certificate of
appealability should not issue.
Petitioner filed objections to the Report and Recommendation on
March 23, 2005. Respondent filed a response thereto.
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 from the
parties, the Court adopts the proposed findings of the Report and
Accordingly, for the reasons set forth in Magistrate Judge
Schroeder's Report and Recommendation, the petition for habeas
corpus relief is dismissed. The Court finds that petitioner has
failed to make a substantial showing of the denial of a
constitutional right and therefore denies the issuance of a
certificate of appealability. 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED.
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