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Pagan v. Berbary

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 5, 2007

WALTER PAGAN, PETITIONER,
v.
JAMES BERBARY, SUPERINTENDENT, RESPONDENT.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on July 02, 2007 by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 18). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Petitioner Walter Pagan, which were filed on July 16, 2007. Objections (Dkt. No. 20).

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. 18) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, thatthe Petition for a writ of habeas corpus be DENIED; and it is further

ORDERED, the Petitioner's motion for appointment of counsel (docket number 22) is DENIED as moot; and it is further

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

IT IS SO ORDERED.

20071005

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