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Walker v. Conway

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 31, 2008

GERALD WALKER, ALSO KNOWN AS JERARD WALKER, ALSO KNOWN AS JACAUN STEELE, PETITIONER,
v.
JAMES CONWAY, RESPONDENT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report and Recommendation dated May 7, 2007, Magistrate Judge Bianchini recommended that this Court deny Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Moreover, Magistrate Judge Bianchini recommended that, "[b]ecause Petitioner has failed to make a substantial showing of a denial of a constitutional right," the Court not issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2). See Dkt. No. 16. Petitioner filed objections to those recommendations. See Dkt. No. 20.

Petitioner raises objections to Magistrate Judge Bianchini's legal conclusions with respect to each of his grounds for relief. However, a review of the record demonstrates that Petitioner's objections are without merit and that Magistrate Judge Bianchini correctly applied the legal standards applicable to the Court's review of a habeas petition under the Antiterrorism and Effective Death Penalty Act of 1996. Accordingly, the Court hereby

ORDERS that Magistrate Judge Bianchini's Report and Recommendation is ADOPTED IN ITS ENTIRETY for the reasons stated therein; and the Court further

ORDERS that Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED AND DISMISSED; and the Court further

ORDERS that, because Petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), a certificate of appealability will not issue;*fn1 and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Respondent and close this case.

IT IS SO ORDERED.


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