Opinion
09 Civ. 9813 (SAS) (MHD)
11-12-2012
EDDIE COTTO, Petitioner, v. BRIAN FISHER, Commissioner, NYS State Department of Correctional Services, Respondent.
Petitioner (Pro Se): Eddie Cotto Ulster Correctional Facility For Respondent; Thomas B. Litsky Assistant Attorney General New York State Office of the Attorney General
ORDER
SHIRA A. SCHEINDLIN, U.S.D.J.:
I have reviewed the Report and Recommendation ("R&R") of United States Magistrate Judge Michael H. Dolinger, dated August 23, 2012 (Document # 19), which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Eddie Cotto pursuant to 28 U.S.C. § 2254. Although petitioner was given the opportunity to file objections to the R&R by September 10, 2012, 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. Am, 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:
______________________
Shira A. Scheindlin
U.S.D.J.
Dated: New York, New York
November 12, 2012
- Appearances -
Petitioner (Pro Se):
Eddie Cotto
Ulster Correctional Facility
For Respondent:
Thomas B. Litsky
Assistant Attorney General
New York State Office of the Attorney General