Summary
holding that "any problem with the indictment was cured upon petitioner's conviction"
Summary of this case from Laster v. Superintendent, Five Points Corr. FacilityOpinion
06 CV 3110 (NG) (VVP).
December 2, 2008
ORDER
Magistrate Judge Viktor V. Pohorelsky has recommended denial of petitioner's petition for a writ of habeas corpus challenging a state court conviction. Report and Recommendation ("R R") dated September 26, 2008. Petitioner objects to the conclusions of the R R, and therefore, the court has engaged in de novo review. Upon that review, the court finds the objections to be without merit. Judge Pohorelsky has thoroughly and properly analyzed the myriad issues raised by the petition. His R R is hereby adopted by the court.
The petition for a writ of habeas corpus is denied. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253.