UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 11, 2008
TERRY S. BRAXTON, PETITIONER,
JAMES T. CONWAY, SUPERINTENDENT, RESPONDENT.
The opinion of the court was delivered by: Thomas J. McAvoy, Senior U.S. District Judge
DECISION & ORDER
This pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was referred to the Hon. Randolph F. Treece, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.4.
No objections to the Report-Recommendation and Order dated May 22, 2008 have been filed. Furthermore, after examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. It is therefore
ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED. Further, because 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 will issue with respect to any of Petitioner's claims.
IT IS SO ORDERED.
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