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Pelkey v. Girdich

January 28, 2009

JEFFREY L. PELKEY, PETITIONER,
v.
R.A. GIRDICH, RESPONDENT.



The opinion of the court was delivered by: Hon. Glenn T. Suddaby, United States District Judge

DECISION and ORDER

Jeffrey L. Pelkey ("Petitioner") brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254. (Dkt. No. 1.) By Report-Recommendation dated January 5, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the petition be denied and dismissed, and that a certificate of appealability not be issued. (Dkt. No. 53.) Petitioner has not filed any objections to the Report-Recommendation within the time allotted. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); N.D.N.Y. L.R. 72.1(c); Fed. R. Civ. P. 6(a)(2), (d). Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. See 28 U.S.C. § 636(b)(1).

ACCORDINGLY, it is

ORDERED that Magistrate Judge Bianchini's Report-Recommendation (Dkt. No. 53) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Petitioner's petition (Dkt. No. 1) is DENIED and DISMISSED in its entirety; and it is further

ORDERED that a Certificate of Appealability will not be issued; and it is further

ORDERED that the Clerk of the Court shall enter judgment accordingly and close the file.

20090128

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