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Cancer v. Ercole

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 29, 2010

TAMMAR CANCER, PETITIONER,
v.
ROBERT ERCOLE, RESPONDENT.

The opinion of the court was delivered by: Thomas J. McAvoy, Sr. U.S. District Judge

DECISION & ORDER

Pro se Petitioner Tammar Cancer brings this Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, on the grounds of (1) ineffective assistance of trial counsel; and (2) ineffective assistance of appellate counsel. The Petition was referred to the Hon. Rondolph F. Treece, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

The Report-Recommendation dated February 5, 2010 recommended that (1) that the Petition for a Writ of Habeas Corpus be denied; and (2) because 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 be issued with respect to any of Petitioner's claims. See 28 U.S.C. § 2253(c)(2). No objections to the Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation of Magistrate Judge Treece for the reasons stated therein.

It is therefore

ORDERED that Petitioner's motion for a Writ of Habeas Corpus is DENIED. Further, no certificate of appealability will be issued with respect to any of the Petitioner's claims.

IT IS SO ORDERED.

20100429

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