Citation Codes Equivalent Citations citation codes Docket Number 9:05-CV-1323. Motions Motion to dismiss : Granted Attorney(S) STEPHEN VAUGHAN, Petitioner, Pro Se, Minoa, NY. MALANCHA CHANDA, , Attorney General, ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Respondent, Department of Law, New York, NY. Judges David N. Hurd Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — State Custody; Remedies In Federal Courts See more information ... Smart Summary Please sign up to generate summary. STEPHEN VAUGHAN, Petitioner, v. WILLIAM LAPE, Superintendent, Marcy Correctional Facility, Respondent. DECISION and ORDER DAVID HURD, District Judge Petitioner, Stephen Vaughan, brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The respondent made a motion to dismiss the petition. By Report-Recommendation dated March 2, 2007, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the motion to dismiss be granted and that the petition be denied and dismissed. There have been no objections made to the Report-Recommendation. Accordingly, it is ORDERED that 1. Respondent's motion to dismiss is GRANTED; and 2. The petition for a writ of habeas corpus is DENIED and DISMISSED in its entirety. The Clerk is directed to enter judgment accordingly. IT IS SO ORDERED.