UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 31, 2009
MAXIMINO ESTRADA PETITIONER,
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.
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