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DeVivo v. United States Probation Office

September 4, 2009

ANTHONY A. DEVIVO, PETITIONER,
v.
UNITED STATES PROBATION OFFICE, RESPONDENT.



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

ORDER

Petitioner, Anthony A. DeVivo, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Report-Recommendation dated July 20, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus (Docket No. 1) be denied. The Magistrate Judge also recommended that a certificate of appealability not issue with respect to any of petitioner's claims. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, 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. A Certificate of Appealability will not be issued.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

20090904

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