Murphy v. McGuiness

Full title: ELLIOT MURPHY, Petitioner, v. MICHAEL McGUINESS, Respondent

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

Date published: Sep 2, 2008

06 Civ. 1177 (SHS) (S.D.N.Y. Sep. 2, 2008)

Opinion

06 Civ. 1177 (SHS).

September 2, 2008

ORDER

SIDNEY STEIN, District Judge

In a Report and Recommendation dated August 7, 2008, Magistrate Judge Frank Maas recommended that this petition for a writ of habeas corpus be denied. As of today, the Court's records indicate that no objections have been filed by petitioner.

Afer a de novo review of Magistrate Judge Maas' Report and Recommendation dated August 7, 2008,

IT IS HEREBY ORDERED that:

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

2. The petition pursuant to 28 U.S.C. § 2254 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 (as amended by the AEDPA);Middleton v. Attorneys Gen. of New York and Pennsylvania, 396 F.3d 207 (2d Cir. 2005) (per curiam); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 111-13 (2d Cir. 2000); Soto v. United States, 185 F.3d 48, 51-53 (2d Cir. 1997); United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997), cert. denied, 525 U.S. 953 (1998); and

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

SO ORDERED: