Davis v. People

Full title: RAUL DAVIS, Petitioner, v. THE PEOPLE OF THE STATE OF NEW YORK, Respondent

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

Date published: Jun 23, 2011

07 Civ. 9265 (SHS) (S.D.N.Y. Jun. 23, 2011)

Opinion

07 Civ. 9265 (SHS).

June 23, 2011

ORDER

SIDNEY STEIN, District Judge

On May 18, 2011, Magistrate Judge Frank Mass issued a Report and Recommendation recommending that Davis' petition pursuant to 28 U.S.C. § 2254 be denied. Objections to the Report Recommendation were due on June 6, 2011. To date, no objections have been received by the Court. After a de novo review of the May 18, 2011, Report and Recommendation,

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; see also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007); 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: