Filed: Mar. 30, 2016
Latest Update: Mar. 30, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION KENNETH M. KARAS , District Judge . On August 6, 2015, Magistrate Judge Lisa Margaret Smith entered a Report & Recommendation ("R&R") recommending that this Court deny Petitioner's habeas corpus Petition and further deny the requests laid out in his December 27, 2012 and April 23, 2013; letters to stay the proceedings, allow Petitioner to file an a "Supplemental Amended Petition" to address additional claims, and for an order of discovery. ( See R&R
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION KENNETH M. KARAS , District Judge . On August 6, 2015, Magistrate Judge Lisa Margaret Smith entered a Report & Recommendation ("R&R") recommending that this Court deny Petitioner's habeas corpus Petition and further deny the requests laid out in his December 27, 2012 and April 23, 2013; letters to stay the proceedings, allow Petitioner to file an a "Supplemental Amended Petition" to address additional claims, and for an order of discovery. ( See R&R ..
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ORDER ADOPTING REPORT AND RECOMMENDATION
KENNETH M. KARAS, District Judge.
On August 6, 2015, Magistrate Judge Lisa Margaret Smith entered a Report & Recommendation ("R&R") recommending that this Court deny Petitioner's habeas corpus Petition and further deny the requests laid out in his December 27, 2012 and April 23, 2013; letters to stay the proceedings, allow Petitioner to file an a "Supplemental Amended Petition" to address additional claims, and for an order of discovery. (See R&R (Dkt. No. 43); see also Dkt. Nos. 34, 39.) In the R&R, Magistrate Judge Smith provides notice that objections to the R&R were due within 17 days, and that failure to object would preclude later appellate review of any order of judgment that will be entered. (See R&R at 24-25.) No objections have been filed; to the contrary, Petitioner's only correspondence with this Court since issuance of Judge Smith's R&R has been a letter September 14, 2015 letter in which Petitioner wrote "to make the Court aware that [he] ha[d] an up[]coming release date on September 24[,] 2015" and to provide his new address. (See Dkt. No. 45.)
When a petitioner does not file any objections, the Court reviews an R&R for clear error. See Rose v. Rivera, No. 08-CV-6027, 2011 WL 3874718, at *1 (S.D.N.Y. Sept. 2, 2011). The Court has reviewed the R&R and finds no error, clear or otherwise. The Court therefore adopts the R&R in its entirety, and it is hereby:
ORDERED that the Petition and the additional requests contained in Petitioner's December 27, 2012 and April 23, 2013; letters are DENIED. The Clerk of the Court is respectfully requested to close this case.
Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000). In addition, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962).
