Opinion
16-CV-8998 (CS) (JCM)
11-20-2019
HUMBERTO CRUZ, Petitioner, v. THOMAS GRIFFIN, SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY, Respondent.
ORDER
Before the Court is the Report and Recommendation (the "R&R") of Magistrate Judge Judith McCarthy dated October 24, 2019. (Doc. 18.) Judge McCarthy recommends that Petitioner's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254, (Doc. 1), be denied. (R&R at 44.)
A district court reviewing a magistrate judge's R&R "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b) (1)(C). Parties may raise objections to the R & R, but they must be "specific" and "written," and submitted "[w]ithin 14 days after being served with a copy of the recommended disposition." Fed. R. Civ. P. 72(b)(2); see 28 U.S.C. § 636(b)(1)(C). The district court may adopt those portions of the R & R to which no timely objections have been made, provided no clear error is apparent from the face of the record. See Lewis v. Zon, 573 F. Supp. 2d 804, 811 (S.D.N.Y. 2008); Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985); Fed. R. Civ. P. 72 advisory committee's note.
No objections to the R&R have been received. I have therefore reviewed it for clear error, and find no error, clear or otherwise.
Accordingly, the R&R is hereby adopted as the decision of the Court. The Clerk of Court shall send a copy of this Order to Petitioner, and close the case. As Petitioner has not made a substantial showing that he was denied a constitutional right, a certificate of appealability will not issue. Dated: November 20, 2019
White Plains, New York
/s/_________
CATHY SEIBEL, U.S.D.J.