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Defayette v. Superintendent

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 19, 2008

LANSING DEFAYETTE, PETITIONER,
v.
SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY, RESPONDENT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed November 29, 2007 and resent to the petitioner on February 9, 2008 (See February 8, 2008 Text Only Order). Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed November 29, 2007 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that the petition in this matter is DENIED and DISMISSED in all respects, and it is further

ORDERED, that the Clerk of the Court is to enter judgment in favor of the Respondent and close this case.

IT IS SO ORDERED

20080319

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