UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
September 4, 2009
ANTHONY A. DEVIVO, PETITIONER,
UNITED STATES PROBATION OFFICE, RESPONDENT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
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.
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