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Marmulstein v. Phillips

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 14, 2007

BRIAN MARMULSTEIN, PETITIONER,
v.
WILLIAM PHILLIPS, SUPERINTENDENT OF GREEN HAVEN CORRECTIONAL FACILITY, RESPONDENT.

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

DECISION and ORDER

Petitioner, Brian Marmulstein, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, with an amended petition being filed on April 21, 2005, seeking federal habeas relief. By Report-Recommendation dated January 19, 2007, the Honorable David R. Homer, United States Magistrate Judge, recommended that the amended petition for a writ of habeas corpus be denied and dismissed in all respects. There have been no objections to the Report-Recommendation.

Accordingly, it is ORDERED that the amended petition for a writ of habeas corpus is DENIED and DISMISSED in all respects.

The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20070314

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