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.

Spirles v. McGinnis

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


November 24, 2008

MICHAEL SPIRLES, PETITIONER,
v.
MICHAEL MCGINNIS, DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

The above-referenced case was referred to Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 27, 2008, Magistrate Judge Bianchini filed a Report and Recommendation, recommending dismissal of the instant proceeding pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, based upon petitioner's refusal to correspond with the Court, his failure to prosecute this action, and his failure to comply with the District Court's local rules of practice. The Magistrate Judge further recommended that no Certificate of Appealability issue, because petitioner cannot make a substantial showing of the denial of a constitutional right pursuant to 28 U.S. C. § 2253(c)(2).

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Bianchini's Report and Recommendation, the petition for a writ of habeas corpus is dismissed, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, based upon petitioner's refusal to correspond with the Court, his failure to prosecute this action, and his failure to comply with the District Court's local rules of practice. Further, no Certificate of appealability shall issue, because petitioner cannot make a substantial showing of the denial of a constitutional right pursuant to 28 U.S. C. § 2253(c)(2).

The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

20081124

© 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.