Moore v. Filion

Full title: TISLAM MOORE, Petitioner, v. GARY H. FILION, Superintendent, Respondent

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

Date published: Apr 17, 2008

9:03-CV-1307 (N.D.N.Y. Apr. 17, 2008)

Opinion

9:03-CV-1307.

April 17, 2008

TISLAM MOORE, 97-A-6282, Fishkill Correctional Facility, Beacon, NY.

MICHAEL G. McCARTIN, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, The Capitol, Albany, NY.

DECISION and ORDER

DAVID HURD, District Judge

The petitioner, Tislam Moore, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report recommendation dated February 19, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied. Petitioner has filed timely objections to the report and recommendation.

Based upon a de novo determination of the report and recommendation, including the portions to which petitioner has objected, the Report-Recommendation is accepted and 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 of Tislam Moore is DENIED and DISMISSED in all respects; and

2. The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.