RICHARD v. CARPINELLO

No. 9:04-CV-1403.

628 F.Supp.2d 286 (2008)

RICHARD S., Petitioner, v. Sharon CARPINELLO, RN, PhD., Commissioner, New York State Office of Mental Health; and James Spooner, Executive Director, St. Lawrence Psychiatric Center, Respondents.

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

July 22, 2008.


Attorney(s) appearing for the Case

Mental Hygiene Legal Services, Dennis B. Feld, Esq., Arthur A. Baer, Esq., of Counsel, Second Judicial Department, Sidney Hirschfeld, Esq., Michael D. Neville, Esq., of Counsel, Mineola, NY, for

Hon. Andrew M. Cuomo, Attorney General of the State of New York, Kelly L. Munkwitz, Esq., Asst. Attorney General, of Counsel, Hon. Andrew M. Cuomo, Office of the Attorney General, State of New York, Krista A. Rock, Esq., Assistant Attorney General, Lisa Ullman, Esq., Assistant Attorney General, of Counsel, Albany, NY, for Respondents.


DECISION and ORDER

DAVID N. HURD, District Judge.

The petitioner, Richard S., brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the above action. By a report recommendation dated March 17, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the petition for a writ of habeas corpus be denied and dismissed. Petitioner has filed timely objections to the report and recommendation.

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