Summary
noting that under similar facts, that claim of a violation of right to counsel was procedurally barred
Summary of this case from Milton v. RacetteOpinion
07 Civ. 7560 (SAS) (MHD).
January 20, 2010
Petitioner (Pro Se): Claudio Nunez, #01-A-3050, Sullivan Correctional Facility, Fallsburg, NY.
For Respondent: Vincenzo S. Lippiello, Assistant District Attorney, Bronx County, Bronx, NY.
ORDER
I have reviewed the Report and Recommendation ("R R") of United States Magistrate Judge Michael H. Dolinger, dated December 23, 2009 (Document # 22), which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Claudio Nunez pursuant to 28 U.S.C. § 2254. Although petitioner was given the opportunity to file objections to the R R, see R R at 34, he has 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. Arn, 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: