UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 10, 2009
JAMES RICHARD, PETITIONER,
DAVID ROCK, SUPERINTENDENT, RESPONDENT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Petitioner, James Richard, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Report-Recommendation dated January 6, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the petition in this matter be denied and dismissed; and further, that petitioner's motion requesting a stay be denied. The Magistrate Judge also recommend3d that a certificate of appealability not issue.
No objections to the Report-Recommendation have been filed; however, the respondent has urged that the report recommendation be adopted.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1).
Accordingly, it is ORDERED that
1. The petition is DENIED;
2. The petition is DISMISSED in all respects;
3. The petitioner's motion requesting a stay is DENIED; and
4. A Certificate of Appealability will not be issued.
The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
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