Opinion
9:11-CV-0127 (NAM/DEP)
11-30-2012
EDWARD BARBER, Petitioner, v. RUSSELL PERDUE, Warden, Respondent.
EDWARD BARBER Petitioner, pro se HON. RICHARD S. HARTUNIAN United States Attorney, N.D.N.Y. Counsel for Respondent OF COUNSEL: CHARLES E. ROBERTS, ESQ. Assistant U.S. Attorney
APPEARANCES:
EDWARD BARBER
Petitioner, pro se
HON. RICHARD S. HARTUNIAN
United States Attorney, N.D.N.Y.
Counsel for Respondent
OF COUNSEL: CHARLES E. ROBERTS, ESQ.
Assistant U.S. Attorney
NORMAN A. MORDUE, U. S. DISTRICT JUDGE
ORDER
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
ORDERED that:
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. Dated: November 30, 2012
Syracuse, New York
________________________
Honorable Norman A. Mordue
U.S. District Judge