VINCENT L. BRICCETTI, District Judge.
Before the Court is Magistrate Judge Paul E. Davison's Report and Recommendation ("R&R"), dated April 24, 2014 (Doc. #18), on Barry Robinson's petition for a writ of habeas corpus. Judge Davison recommended the Court deny the petition.
For the following reasons, the Court adopts the R&R. The petition is DENIED.
Familiarity with the factual and procedural background of this case is presumed.
A district court reviewing a magistrate judge's report and recommendation "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Parties may raise objections to the magistrate judge's report and recommendation, but they must be "specific[,] written," and submitted within fourteen days after being served with a copy of the recommended disposition, Fed. R. Civ. P. 72(b)(2); 28 U.S.C. § 636(b)(1), or within seventeen days if the parties are served by mail.
When a party submits a timely objection to a report and recommendation, the district court reviews the parts of the report and recommendation to which the party objected under a de novo standard of review. 28 U.S.C. § 636(b)(1)(C);
Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), petitioner is entitled to habeas corpus relief only if he can show that in adjudicating his claim on the merits, the state court either (i) unreasonably applied, or made a decision contrary to, clearly established Federal law as determined by the Supreme Court, or (ii) unreasonably determined the facts in light of the evidence presented in the state court proceeding. 28 U.S.C. § 2254(d)(1)-(2). The state court's determination of factual issues is presumed correct, and petitioner has "the burden of rebutting the presumption of correctness by clear and convincing evidence." 28 U.S.C. § 2254(e)(1).
Neither party objected to Judge Davison's thorough and well-reasoned R&R.
The Court has carefully reviewed the R&R and finds no error, clear or otherwise.
Accordingly, the Court adopts the R&R, and the petition is DENIED.
The Clerk is instructed to enter judgment accordingly and close this case.
As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue.
The Clerk is instructed to mail a copy of this Memorandum Decision to petitioner at the following two addresses:
SO ORDERED.