UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
August 4, 2007
IRA C. HOKE, PETITIONER,
DAVID L. MILLER, SUPERINTENDENT, EASTERN CORRECTIONAL FACILITY RESPONDENT.
The opinion of the court was delivered by: Thomas J. McAVOY United States District Judge
DECISION and ORDER
Plaintiff, Ira C. Hoke, filed a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This case was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Magistrate Judge Bianchini filed his Report-Recommendation on April 25, 2007. Magistrate Judge Bianchini recommended that the action be dismissed because the Petition had not stated grounds for relief under 28 U.S.C. § 2254. Magistrate Judge Bianchini also recommended that this Court not issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2) because the Petitioner had failed to make a substantial showing of a denial of a constitutional right.
After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein, DISMISSES the petition, and DENIES a certificate of appealability.
IT IS SO ORDERED.
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