Opinion
9:04-CV-327.
May 28, 2008
DIONICIO PEREZ, Petitioner, Pro Se, 2004-4416, Berks County Prison, Leesport, PA.
STEVEN H. SCHWARTZ, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, New York, NY.
DECISION and ORDER
Petitioner, Dionicio Perez, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Report-Recommendation dated March 3, 2008, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the petition be denied and dismissed; and further, that a certificate of appealability be denied. There have been no objections made to the Report-Recommendation.
Accordingly, it is
ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED in all respects; and further, no certificate of appealability will be issued.
The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.