BUTLER v. HEATH, 12 Civ. 3327 (SAS) (DF). (2015)
Court: District Court, S.D. New York
Number: infdco20150526e73
Visitors: 18
Filed: May 22, 2015
Latest Update: May 22, 2015
Summary: ORDER SHIRA A. SCHEINDLIN , District Judge . I have reviewed the Report and Recommendation ("R&R") of United States Magistrate Judge Debra Freeman, dated February 18, 2015, which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Denard Butler pursuant to 28 U.S.C. 2241. Although petitioner was given the opportunity to file objections to the R&R by April 19, 2015, he failed to do so. Based on my independent review, I hereby adopt the thorough and th
Summary: ORDER SHIRA A. SCHEINDLIN , District Judge . I have reviewed the Report and Recommendation ("R&R") of United States Magistrate Judge Debra Freeman, dated February 18, 2015, which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Denard Butler pursuant to 28 U.S.C. 2241. Although petitioner was given the opportunity to file objections to the R&R by April 19, 2015, he failed to do so. Based on my independent review, I hereby adopt the thorough and tho..
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ORDER
SHIRA A. SCHEINDLIN, District Judge.
I have reviewed the Report and Recommendation ("R&R") of United States Magistrate Judge Debra Freeman, dated February 18, 2015, which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Denard Butler pursuant to 28 U.S.C. § 2241. Although petitioner was given the opportunity to file objections to the R&R by April 19, 2015, he failed to do so. Based on my independent review, I hereby adopt the thorough and thoughtful R&R in full.
In accordance with the R&R, the instant habeas petition is dismissed with prejudice. Because petitioner's failure to file objections precludes appellate review, this Court will not issue a certificate of appealability. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992) ("We have adopted the rule that failure to object timely to a report waives any further judicial review of the report."). The Clerk of the Court is directed to dismiss the instant petition and close this case.
SO ORDERED.
Source: Leagle
