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Richard S. v. Carpinello

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 22, 2008

RICHARD S., PETITIONER,
v.
SHARON CARPINELLO, RN, PHD., COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH; AND JAMES SPOONER, EXECUTIVE DIRECTOR, ST. LAWRENCE PSYCHIATRIC CENTER, RESPONDENTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

The petitioner, Richard S., brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report recommendation dated March 17, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed. Petitioner has filed timely objections to the report and recommendation.

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 Richard S. 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.

20080722

© 1992-2008 VersusLaw Inc.



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