UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
September 5, 2007
ALAN M. SMITH, PETITIONER,
TIMOTHY MURRAY, RESPONDENT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
The Court has referred all pretrial motions in this case to United States Magistrate Judge Victor E. Bianchini pursuant to 28 U.S.C. § 636(b). Dkt. #10. On August 1, 2007, Magistrate Judge Bianchini issued a Report and Recommendation ("R&R") recommending that the petition for a writ of habeas corpus be denied. Dkt. #11.
Under Rule 72(b) of the Federal Rules of Civil Procedure, and Rule 72.3(a)(3) of the Local Rules of Civil Procedure for this district, petitioner had ten days after receipt of a copy of the R&R to file any objections to it. Petitioner has not done so, nor has he sought an extension of time in which to file objections.*fn1
Having reviewed the R&R, I agree with Magistrate Judge Bianchini's findings and conclusions, and I accept and adopt the R&R in its entirety. The petition is therefore dismissed.
The Report and Recommendation of United States Magistrate Judge Victor E. Bianchini (Dkt. #11) is in all respects accepted. Respondent's motion to dismiss the petition is granted and the petition is dismissed with prejudice.
IT IS SO ORDERED.
Rochester, New York