UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
November 30, 2012
EDWARD BARBER, PETITIONER,
RUSSELL PERDUE, WARDEN,*FN1 RESPONDENT.
The opinion of the court was delivered by: Norman A. Mordue, U. S. District Judge
The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 9th day of November 2012. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
1. The Report-Recommendation is hereby adopted in its entirety.
2. The petition in this matter is denied and dismissed in all respects.
3. The petitioner has failed to make a substantial showing of a denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2); accordingly, no certificate of appealability shall issue.
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.