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Smith v. Filion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 26, 2007

JAMES SMITH, PETITIONER,
v.
GARY FILION, SUPERINTENDENT, RESPONDENT.

The opinion of the court was delivered by: Thomas J. McAVOY United States District Judge

DECISION and ORDER

This matter brought pursuant to 28 U.S.C. § 2254 was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

No objections to the October 17, 2006 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and DISMISSES the petition.

IT IS SO ORDERED.

20070126

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