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Ogletree v. Graham

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 31, 2008

JAMAR OGLETREE, PETITIONER,
v.
HAROLD GRAHAM, RESPONDENT.

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

ORDER

In a Report and Recommendation dated August 27, 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. 18. Plaintiff filed objections to these recommendations. See Dkt. No. 23.

Although Petitioner filed a document entitled "Objection to Report and Recommendation," he does not, in fact, assert any specific objection to Magistrate Judge Bianchini's legal conclusions. Instead, Petitioner merely states that his "argument [sic] was and will always be the [sic] . . . we fought but the lethal wound was inflicted accidentally by the Victim herself." See Petitioner's Objections at 1.

The Court has reviewed the entire record in this case, including Magistrate Judge Bianchini's Report and Recommendation and Petitioner's objections thereto. Having done so, the Court concludes that Magistrate Judge Bianchini's recommendations are legally well-founded and that Petitioner's objections, such as they are, have no merit. 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 the Clerk of the Court shall enter judgment in favor of Respondent and close this case; 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

IT IS SO ORDERED.


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