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Poole v. Mazzuca

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 14, 2007

JOSEPH POOLE, PETITIONER,
v.
WILLIAM MAZZUCA, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. David N. Hurd United States District Judge

DECISION and ORDER

Petitioner, Joseph Poole, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on October 14, 2004. By Report-Recommendation dated November 20, 2007, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the petition be denied and dismissed; and further, that a certificate of appealability not issue. There have been no objections made to the Report-Recommendation, and indeed, the petitioner apparently has failed to provide the court with a current address as noted in the Report Recommendation, and the docket sheet notes the Report Recommendation itself was returned to the court as "undeliverable."

Accordingly, it is ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED in all respects; and further, no certificate of appealability will be issued.

The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20070114

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