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Russ v. Fischer

United States District Court, N.D. New York

July 8, 2014

BRYON K. RUSS, SR., Petitioner,
v.
BRIAN FISCHER, Commissioner of Corrections, Respondent.

BRYON K. RUSS, SR. Petitioner pro se, Clinton Correctional Facility, Dannemora, NY.

LISA E. FLEISCHMANN, ESQ., Ass't Attorney General, HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, New York, NY, Attorney for Respondent.

DECISION & ORDER

DAVID N. HURD, District Judge.

Petitioner Bryon K. Russ, Sr. brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 9, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed. Petitioner timely filed objections to the Report-Recommendation. Respondent filed a letter brief urging adoption of the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which petitioner objected, the Report-Recommendation is 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 for a writ of habeas corpus is DENIED and DISMISSED; and
2. The Clerk is directed to close the file.

Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.

IT IS SO ORDERED.


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