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Dann v. Rabideau

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 10, 2008

JAMES A. DANN, PETITIONER,
v.
MICHAEL RABIDEAU, RESPONDENT.

DECISION AND ORDER

On July 7, 2008, this Court issued an Order adopting a Report-Recommendation filed on June 6, 2008, by the Honorable Randolph F. Treece. Report-Rec. (Dkt. No. 11); Order (Dkt. No. 13). On July 9, 2008, Petitioner James A. Dann filed Objections to the Report-Recommendation. Objections (Dkt. No. 15).

According to FED. R. CIV. P. 72(b), in compliance with L.R. 72.1, a party must serve any "specific, written objections to the proposed findings and recommendations" within ten days, excluding weekends and holidays, after that party has been served with a copy of a Magistrate Judge's Report-Recommendation. Although the objections were not raised within the allotted time, the Court has considered the objections submitted by Petitioner. The Court has thus now considered the objections and undertaken a de novo review of the record and upholds its previous determination that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the July 7, 7008 Order (Dkt. No. 13) is UPHELD; and it is further

ORDERED, that the Report-Recommendation (Dkt. No. 11) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Petition for Writ of Habeas Corpus (Dkt. No. 1) is DENIED; and it is further

ORDERED, that no Certificate of Appealability shall issue with respect to any of Petitioner's claims; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20080710

© 1992-2008 VersusLaw Inc.



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