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Hill v. Conway

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 13, 2010

TEDDY HILL, PETITIONER,
v.
JAMES CONWAY, SUPERINTENDENT, RESPONDENT.

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

ORDER

In a Report-Recommendation and Order dated June 2, 2008, Magistrate Judge Treece recommended that the Court deny and dismiss Petitioner's petition and that the Court decline to issue a certificate of appealability. Petitioner filed objections to the Report-Recommendation and Order, essentially raising the same arguments that he presented to Magistrate Judge Treece.

When a party files specific objections to a magistrate judge's report-recommendation, the district court makes a "de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). After such a review, "the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.

Having reviewed the record de novo in light of the issues that Petitioner raised in his objections, this Court finds the objections to be without merit.

Accordingly, the Court hereby

ORDERS that Magistrate Judge Treece's June 2, 2008 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 is DENIED and DISMISSED; and the Court further

ORDERS that no certificate of appealability will be issued with respect to any of Petitioner's claims.

IT IS SO ORDERED.

20100913

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