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Huntley v. Superintendent

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 29, 2007

KERRY HUNTLEY, PETITIONER,
v.
SUPERINTENDENT, SUPT. OF SOUTHPORT CORR. FACILITY, RESPONDENT.

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

DECISION and ORDER

Petitioner, Kerry Huntley, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By a report recommendation dated December 5, 2006, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed. Petitioner filed timely objections.

Based upon a de novo determination of the report and recommendation, including the portions to which petitioner objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.

Accordingly, it is ORDERED that the petition is DENIED and DISMISSED in its entirety.

IT IS SO ORDERED.

20070129

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