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Slater v. Herbert

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 25, 2008

DONALD SLATER, PETITIONER,
v.
VICTOR HERBERT, RESPONDENT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed June 24, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed June 24, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that the Court finds that the petitioner did not mail a notice of appeal to this court on or about May 10, 2006, as claimed, appealing from the judgment entered in this matter on April 18, 2006, and it is further

ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED.

20080725

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