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Taplin v. Rabideau

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 23, 2008

VARDEN O. TAPLIN, PETITIONER,
v.
MICHAEL RABIDEAU, RESPONDENT.

The opinion of the court was delivered by: Frederick J. Scullin, Jr.,s.d.j.

DECISION AND ORDER

The above-captioned matter having been presented to me by the Report-Recommendation and Order of Magistrate Judge Randolph F. Treece filed June 2, 2008 and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation and Order having been filed, the Court hereby

ORDERS that the Report-Recommendation and Order of Magistrate Judge Randolph F. Treece filed June 2, 2008 is ACCEPTED in its entirety; and the Court further

ORDERS that Taplin's Petition for a Writ of Habeas Corpus is DENIED and the Court further

ORDERS that because the Court finds Petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2), no certificate of appealability should issue with respect to any of the Petitioner's claims. See 28 U.S.C.§ 2253(c)2).

IT IS SO ORDERED.

20080623

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