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King v. Mellas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 20, 2007

RADLEY M. KING, PLAINTIFF,
v.
CHRIST MELLAS, SUPERINTENDENT, LYON MOUNTAIN CORRECTIONAL FACILITY DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed January 25, 2007. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed January 25, 2007 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that the petition is DISMISSED because the petitioner has failed to make a substantial showing of denial of a constitution right, it is further

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

IT IS SO ORDERED

20070220

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