Kent v. Smith

Full title: JACK D. KENT, Petitioner, v. JOSEPH T. SMITH, Respondent

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

Date published: Oct 4, 2007

9:05-CV-0785 (LEK/DRH) (N.D.N.Y. Oct. 4, 2007)

Opinion

9:05-CV-0785 (LEK/DRH).

October 4, 2007

DECISION AND ORDER

LAWRENCE KAHN, District Judge

This matter comes before the Court following a Report-Recommendation filed on August 16, 2007 by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 20). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Petitioner Jack Kent, which were filed on September 4, 2007. Objections (Dkt. No. 23).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 20) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Petition for a writ of habeas corpus (Dkt. No. 1) be DENIED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.