Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Hazen v. Perlman

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 9, 2008

MICHAEL S. HAZEN, PETITIONER,
v.
KENNETH S. PERLMAN, SUPERINTENDENT, RESPONDENT.

The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge

MEMORANDUM-DECISION AND ORDER

Petitioner is an inmate in the custody of the New York State Department of Correctional Services, serving a sentence imposed upon his conviction for assault, second degree, after a jury trial. He brought this proceeding for habeas corpus under 28 U.S.C. § 2254, alleging various defects in the trial. The petition was referred to United States Magistrate Judge Randolph F. Treece pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.4. Magistrate Judge Treece has issued a Report and Recommendation (Dkt. No. 17) recommending that the petition be dismissed and that no certificate of appealability be issued.

Petitioner filed an objection (Dkt. No. 18). Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court reviews de novo those parts of a magistrate judge's recommendation to which a party specifically objects. Where only general objections are filed, the Court reviews for clear error. See Brown v. Peters, 1997 WL 599355,*2-*3 (N.D.N.Y.), aff'd without op., 175 F.3d 1007 (2d Cir. 1999). Failure to object to any portion of a report and recommendation waives further judicial review of the matters therein. See Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993).

Petitioner's objection states that he "objects in whole to the report written by U.S.M.J.

Randolph F. Treece." He does not specifically object to any particular portion of the Report and Recommendation. Accordingly, the Court reviews for clear error. Upon review of the record, the Court finds no error in the Report and Recommendation. It is therefore

ORDERED that the Report and Recommendation (Dkt. No. 17) is approved and adopted; and it is further

ORDERED that the petition is dismissed, and it is further

ORDERED that no certificate of appealability shall issue with respect to any of petitioner's claims.

IT IS SO ORDERED.

20080909

© 1992-2008 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.