UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 2, 2009
ROBERT WALTER, PETITIONER,
WILLIAM LAPE, RESPONDENT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
DECISION and ORDER
The petitioner, Robert Walter, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report- recommendation dated June 25, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed in all respects, and that a certificate of appealability not issue with respect to the claim set forth in his petition. Petitioner has filed timely objections to the report and recommendation.
Based upon a de novo determination of the report and recommendation, including the portions to which petitioner has objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Therefore, it is ORDERED that
1. The petition of Robert Walter is DENIED;
2. The petition is DISMISSED;
3. A Certificate of Appealability will not be issued in this matter; and
4. The Clerk is directed to enter judgment accordingly and close the file.
IT IS SO ORDERED.
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