Opinion
08 Civ. 11354 (SAS) (JCF).
January 12, 2010
Petitioner (Pro Se): Jamar Williams, # 06-A-0924, Wyoming Correctional Facility, Attica, NY.
For Respondent: Paul B. Lyons, Assistant Attorney General, New York State Office of the Attorney General, New York, NY.
ORDER
I have reviewed the Report and Recommendation ("R R") of United States Magistrate Judge James C. Francis, IV, dated December 16, 2009 (Document # 16), which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Jamar Williams under 28 U.S.C. § 2254. Although petitioner was given the opportunity to file objections to the R R, see R R at 18, 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: