Summary
explaining that, “[b]ecause Petitioner ha[d] not demonstrated cause for his procedural default, the court need not decide whether he has suffered prejudice as the result.”
Summary of this case from Jackson v. CapraOpinion
9:02-CV-1602.
November 21, 2007
DEAN W. GALUSHA, Petitioner, Pro Se, 98-B-1336, Sing Sing Correctional Facility, Ossining, NY.
G. LAWRENCE DILLON, ESQ., Asst. Attorney Generaol, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Utica, NY.
DECISION and ORDER
Petitioner, Dean W. Galusha, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By a report recommendation dated August 6, 2007, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed. Petitioner has filed timely objections.
Based upon a de novo determination of the report and recommendation, including the portions to which petitioner 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.
Accordingly, it is
ORDERED that the petition is DENIED and DISMISSED in all respects.
IT IS SO ORDERED.