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Green v. Rabideau

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 13, 2007

KEVIN GREEN, PETITIONER,
v.
MICHAEL RABIDEAU, SUPERINTENDENT, RESPONDENT.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.:

DECISION & ORDER

Presently before the Court is Magistrate Judge George H. Lowe's January 23, 2007 Report-Recommendation in which he recommends that the Respondent's motion to dismiss be granted and the petition for a writ of habeas corpus be denied and dismissed. Judge Lowe's Report-Recommendation was mailed to Petitioner's last known address, but was returned to the Clerk's office marked "Moved, Left No Address." Failure to notify the Court of a change of address as required by Local Rule 10.1(b) may result in dismissal of the action. Therefore, in light of Petitioner's failure to notify the Court of his change of address, it is hereby

ORDERED, that the Report-Recommendation filed by Magistrate Judge George H. Lowe on January 23, 2007 is, for the reasons stated therein, ACCEPTED in its entirety; and it is further

ORDERED, that Respondent's motion to dismiss is GRANTED; and it is further,

ORDERED, that the petition for a writ of habeas corpus is DENIED and DISMISSED, and it is further

ORDERED, that the Clerk of the Court is to enter judgment in favor of the Respondent and close this case.

IT IS SO ORDERED.

20070213

© 1992-2007 VersusLaw Inc.



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