UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
April 17, 2008
CHRISTOPHER VANGUILDER, PETITIONER,
LARRY SEARS, RESPONDENT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
The petitioner, Christopher VanGuilder brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report recommendation dated January 29, 2008, the Honorable David R. Homer, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied. Petitioner has filed timely objections and the respondent has requested that the report and recommendation "should, indeed, be denied," and further, that a certificate of appealability should not be issued.
Based upon a de novo determination of the report and recommendation, including the portions to which petitioner has objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Therefore, it is ORDERED that
1. The petition of Christopher VanGuilder is DENIED and DISMISSED in all respects; and
2. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
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