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Stewart v. Schult

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 25, 2009

WILLIE STEWART, PETITIONER,
v.
DEBORAH SCHULT RESPONDENT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed June 1, 2009. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed*fn1 , and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed June 1, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that the Amended Petition for a Writ of Habeas Corpus (Dkt. No. 5) is DENIED, and it is further

ORDERED, that because the Court finds Petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2), no certificate of appealability should issue with respect to any of Petitioner's claims. See 28 U.S.C. § 2253(c)(2)("A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right."); see also Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000) cert. denied 531 U.S. 873 (2000), and it is further

ORDERED, that the Clerk of the Court is directed to close this case, and it is further

ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED.


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