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Florio v. Cuomo

United States District Court, S.D. New York
Dec 22, 2010
10 Civ. 998 (SHS) (S.D.N.Y. Dec. 22, 2010)

Opinion

10 Civ. 998 (SHS).

December 22, 2010


ORDER


In a Report and Recommendation dated November 16, 2010, Magistrate Judge James L. Cott recommended that the petition for a writ of habeas corpus be dismissed as time-barred. Objections to the Report and Recommendation were due on December 3, 2010. To date, no objections have been received from petitioner. Accordingly, after a de novo review of the November 16, 2010 Report and Recommendation,

IT IS HEREBY ORDERED that:

1. Magistrate Judge Cott's "Report and Recommendation" is adopted;

2. The petition for a writ of habeas corpus is denied, and the petition is dismissed;

3. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007); and

5. Pursuant to 28 U.S.C. § 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith.

Dated: New York, New York

December 22, 2010

SO ORDERED:


Summaries of

Florio v. Cuomo

United States District Court, S.D. New York
Dec 22, 2010
10 Civ. 998 (SHS) (S.D.N.Y. Dec. 22, 2010)
Case details for

Florio v. Cuomo

Case Details

Full title:DOMINIC FLORIO, Petitioner, v. ANDREW M. CUOMO, Attorney General, State of…

Court:United States District Court, S.D. New York

Date published: Dec 22, 2010

Citations

10 Civ. 998 (SHS) (S.D.N.Y. Dec. 22, 2010)