Opinion
Case No. 13-CV-6803 (KMK)
02-24-2016
RICHARD MARTIN, Petitioner, v. NEW YORK STATE BOARD OF PAROLE, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
:
On December 29, 2015, Magistrate Judge Davison entered a Report & Recommendation ("R&R") recommending that this Court deny Petitioner's habeas corpus Petition. (R&R 20 (Dkt. No. 18).) In the R&R, Magistrate Judge Davison 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. (Id. at 21.) No objections have been filed.
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 is 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). DATED: White Plains, New York
February 24, 2016
/s/_________
KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE