UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 8, 2011
MARK L. EMMONS, PETITIONER,
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.
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