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Mark L. Emmons v. Dale Artus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 8, 2011

MARK L. EMMONS, PETITIONER,
v.
DALE ARTUS, RESPONDENT.

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

DECISION and ORDER

The petitioner, Mark L. Emmons, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report-recommendation dated January 10, 2011, the Honorable David R. Homer, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied. Petitioner has filed timely objections to the report and recommendation, as well as a motion to amend/correct the petition (Docket No. 17) and a motion for an evidentiary hearing (Docket No. 19).

Based upon a de novo determination of the report and recommendation, including the portions to which petitioner has objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.

Therefore, it is ORDERED that

1. The petition of Mark L. Emmons is DENIED;

2. The petition is DISMISSED;

3. Plaintiff's motion to amend/correct the petition (Docket No. 17) and his motion for an evidentiary hearing (Docket No. 19), are DENIED as moot.

4. A Certificate of Appealability will not be issued in this matter; and

5. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED.

Utica, New York.

20110308

© 1992-2011 VersusLaw Inc.



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