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DeVivo v. United States Probation Office

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


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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