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Spikes v. Graham

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 8, 2010

HOWARD SPIKES, PETITIONER,
v.
H.D. GRAHAM, RESPONDENT.

The opinion of the court was delivered by: Hon. David N. Hurd United States District Judge

DECISION and ORDER

Petitioner, Howard Spikes, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on October 24, 2007. By Report-Recommendation dated July 14, 2010, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus (Docket No. 1) be denied and dismissed; and further, that no certificate of appealability issue with respect to any of petitioner's claims. Petitioner requested, and was granted, additional time to submit objections to the Report-Recommendation. However, no objections were ever filed. The respondent has filed a letter urging the adoption of the Report-Recommendation.

Accordingly, it is ORDERED that

1. The petition for a writ of habeas corpus is DENIED and DISMISSED in all respects; and further,

2. No certificate of appealability will be issued.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.

20101008

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