Opinion
9:21-CV-833
09-08-2022
JAMES F. CAHILL, Petitioner, v. CHRIS MILLER, Respondent.
JAMES F. CAHILL Petitioner, Pro Se HON. LETITIA JAMES JODI A. DANZIG, ESQ. New York State Attorney General Ass't Attorney General Attorneys for Defendants
JAMES F. CAHILL Petitioner, Pro Se
HON. LETITIA JAMES JODI A. DANZIG, ESQ. New York State Attorney General Ass't Attorney General Attorneys for Defendants
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD United States District Judge
On July 23, 2021, pro se petitioner James Cahill (“petitioner”) filed this petition seeking habeas corpus relief. Dkt. No. 1. Petitioner also sought leave to proceed in forma pauperis (“IFP application”). Dkt. No. 2. Although his IFP application was initially denied as incomplete, Dkt. No. 3, petitioner re-filed his request with the appropriate documentation, Dkt. No. 4, and his application was later granted, Dkt. No. 6.
On August 12, 2021, U.S. Magistrate Judge Therese Wiley Dancks ordered respondent Chris Miller, the Superintendent of Great Meadow Correctional Facility, to answer or respond to the petition. Dkt. No. 7. Thereafter, respondent moved to dismiss the petition as untimely. Dkt. Nos. 12, 14. Although petitioner received multiple requests for an extension of time in which to reply to the respondent's motion to dismiss, Dkt. Nos. 15-19, he ultimately failed to do so, see id.
On August 16, 2022, Judge Dancks advised by Report & Recommendation (“R&R”) that the petition be denied and dismissed as untimely filed and ineligible for tolling or other equitable exceptions. Dkt. No. 20.
Petitioner has not filed objections, and the time period in which to do so has expired. See Dkt. No. 20. Upon review for clear error, the R&R will be accepted and adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. The petition is DENIED and DISMISSED;
3. No Certificate of Appealability shall be issued; and
4. Any further request for a Certificate of Appealability must be addressed to the Court of Appeals in accordance with Rule 22(b) of the Federal Rules of Appellate Procedure.
The Clerk of the Court is directed to terminate the pending motions, enter a judgment accordingly, and close the file.
IT IS SO ORDERED.