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Rene Carrasquillo v. Deborah Schult

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 9, 2011

RENE CARRASQUILLO, PETITIONER,
v.
DEBORAH SCHULT, RESPONDENT.

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

ORDER

Petitioner, Rene Carrasquillo, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Report-Recommendation dated November 3, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the petition in this matter be dismissed for lack of jurisdiction, and that petitioner has not made a substantial showing of the denial of a constitutional right; and further, that a certificate of appealability should not issue with respect to any of claims set forth in the petition. The petitioner has filed timely objections to the Report-Recommendation and the respondent has filed a response.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1).

Accordingly, it is ORDERED that

1. The petition is DISMISSED in all respects; and

2. A Certificate of Appealability will not be issued.

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

Utica, New York.

20110509

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