UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 25, 2006
ANTHONY BARNWELL, PETITIONER,
HOWARD RELIN, MONROE COUNTY DISTRICT ATTORNEY, RESPONDENT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
This Court referred the petition of Anthony Barnwell for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254 to United States Magistrate Judge Victor E. Bianchini. The referral was pursuant to 28 U.S.C. § 636(b).
Magistrate Judge Bianchini issued a thorough Report and Recommendation that this Court should grant respondent's motion to dismiss. No objections were filed to that Report and Recommendation. I have reviewed the Report and Recommendation, and I accept it in its entirety.
The Report and Recommendation of United States Magistrate Judge Victor E. Bianchini (Dkt. #13) is in all respects accepted. Defendant's motion to dismiss the petition is granted and the petition is dismissed with prejudice.
IT IS SO ORDERED.
Rochester, New York
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