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Morris v. Duncan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 25, 2007

WILLIAM MORRIS, PETITIONER,
v.
GEORGE DUNCAN, RESPONDENT.

The opinion of the court was delivered by: Thomas J. McAVOY, Senior United States District Judge

DECISION & ORDER

This pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was referred to the Hon. Victor Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.4. No objections to the Report and Recommendation and Order dated August 13, 2007 have been filed.*fn1 After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report and Recommendation for the reasons stated therein.

It is therefore ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. Further, the Court finds there is no substantial question presented for appellate review, and, therefore, a certificate of appealability is DENIED .

IT IS SO ORDERED.


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