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Stroman v. David

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 28, 2009

SYLVESTER STROMAN, PETITIONER,
v.
JOSEPH F. DAVID, SUPERINTENDENT, GREENE CORRECTIONAL FACILITY, RESPONDENT.

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

DECISION and ORDER

Sylvester Stroman ("Petitioner") brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Dkt. No. 1.) By Report-Recommendation dated November 19, 2008, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the petition be denied and dismissed, and that a certificate of appealability not be issued. (Dkt. No. 16.) 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 DiBianco, 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 DiBianco's Report-Recommendation (Dkt. No. 16) 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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