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Hicks v. Walsh

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 13, 2007

WILLIAM HICKS, PETITIONER,
v.
JAMES WALSH, SUPERINTENDENT, SULLIVAN COUNTY CORRECTIONAL FACILITY RESPONDENT.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on March 29, 2007 by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 11). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Petitioner William Hicks, which were filed on May 10, 2007. Objections (Dkt. No. 14).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 11) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Respondent's Motion to dismiss(Dkt. No. 8)is GRANTED; and it is further

ORDERED, thatthe Petition (Dkt. No. 1)is DENIED and DISMISSED as untimely; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20070613

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