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Estrada v. West

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 31, 2009

MAXIMINO ESTRADA PETITIONER,
v.
CALVIN WEST RESPONDENT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Petitioner Maximino Estrada brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 19, 2008 the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed and that no certificate of appealability be issued. Petitioner filed timely objections. Respondent responded to the objections urging adoption of the Report-Recommendation.

Based upon a de novo determination of the portions of the report and recommendations to which petitioner objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases. Accordingly, it is ORDERED that

1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and

2. A certificate of appealability will not be issued.

IT IS SO ORDERED.

20090331

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