Estrada v. West

Full title: MAXIMINO ESTRADA Petitioner, v. CALVIN WEST Respondent

Court: United States District Court, N.D. New York

Date published: Mar 31, 2009

9:05-CV-549 (N.D.N.Y. Mar. 31, 2009)

Opinion

9:05-CV-549.

March 31, 2009

MAXIMINO ESTRADA, 02-B-0918 Petitioner pro se, Elmira Correctional Facility, Elmira, NY.

LEILANI J. RODRIGUEZ, ESQ., Ass't Attorney General, HON. ANDREW M. CUOMO, Attorney General for the State of New York NY Office, New York NY.

DECISION and ORDER

DAVID HURD, District Judge

Petitioner Maximino Estrada brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 19, 2008 the Honorable David R. Homer, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied and dismissed and that no certificate of appealability be issued. Petitioner filed timely objections. Respondent responded to the objections urging adoption of the Report-Recommendation.

Based upon a de novo determination of the portions of the report and recommendations to which petitioner objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1); Rule 10, Rules Governing Section 2254 Cases. Accordingly, it is

ORDERED that

1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and

2. A certificate of appealability will not be issued.

IT IS SO ORDERED.