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Johnson v. Ercole

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 23, 2010

MALCOLM A. JOHNSON, PETITIONER,
v.
ROBERT E. ERCOLE, SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY, RESPONDENT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report-Recommendation and Order dated July 28, 2010, Magistrate Judge Treece recommended that this Court deny Petitioner's petition for a writ of habeas corpus and not issue a certificate of appealability with respect to any of Petitioner's claims. See Dkt. No. 9 at 14. The parties did not file any objections to this Report-Recommendation and Order.

The Court having reviewed said Report-Recommendation and Order and the entire file in this matter, the Court hereby

ORDERS that Magistrate Judge Treece's July 28, 2010 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED and his petition is DISMISSED; and the Court further

ORDERS that, 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 shall issue with respect to any of Petitioner's claims, 28 U.S.C. § 2253(c)(2); and the Court further

ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.

20100823

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