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Garner v. Superintendent of Upstate Correctional Facility

September 26, 2007

CURTIS GARNER, PETITIONER,
v.
SUPERINTENDENT OF UPSTATE CORRECTIONAL FACILITY, RESPONDENT.



DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on August 29, 2007, by the Honorable David E. Peebles, 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. 65).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Peebles' Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 65) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Petition for writ of habeas corpus (Dkt. No. 1) is DENIED and DISMISSED in its entirety; and it is further

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

IT IS SO ORDERED.

20070926

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