Burke v. Deml

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

JAMES T. BURKE, : Petitioner, : : v. : Docket No. : 2:24-CV-261-wks-kjd : NICK DEML, : Respondent. :

ORDER

The Report and Recommendation of the United States Magistrate Judge was filed October 24, 2024. Petitioner’s objections were filed November 11, 2024. A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which ' an objection is made. Fed. R. Civ. P. 72(b); 28 U.S.C. 636(b) (1); Perez-Rubio v. Wyckoff, 718 F.Supp. 217, 227 (S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part, the magistrate's proposed findings and recommendations." Id. After careful review of the file, the Magistrate Judge's Report and Recommendation and the objections, this Court ADOPTS the Magistrate Judge's recommendations in full. IT IS HEREBY ORDERED that the Respondent’s Motion to Dismiss ' (Doc. 3) is GRANTED and the 2254 Petition (Doc. 1) is DISMISSED WITH PREJUDICE. In addition, Respondent’s Request for Judge Sessions to Intervene (Doc. 9) is DENIED AS MOOT. Dated at Burlington, in the District of Vermont, this 20th day of November, 2024.

/s/ William K. Sessions III William K. Sessions III District Court Judge