Opinion
9:20-cv-997 (BKS/ATB)
09-20-2021
JEFFREY FLOWERS, Petitioner, v. JOSEPH NOETH, Respondent.
Petitioner pro se: Jeffrey Flowers For Respondent: Letitia James Attorney General for the State of New York Dennis A. Rambaud, Michelle Elaine Maerov
Petitioner pro se: Jeffrey Flowers
For Respondent: Letitia James Attorney General for the State of New York Dennis A. Rambaud, Michelle Elaine Maerov
MEMORANDUM-DECISION AND ORDER
Hon. Brenda K. Sannes, United States District Judge
On August 28, 2020, Petitioner pro se Jeffrey Flowers filed this petition under 28 U.S.C. § 2254 challenging a judgment of conviction, following a jury trial, of two counts of rape in the first degree, one count of rape in the third degree, and two counts of endangering the welfare of a child. (Dkt. No. 1). On March 15, 2021, Respondent filed an answer, accompanied by the related state court records. (Dkt. Nos. 16-18). Petitioner did not file a traverse. This matter was assigned to United States Magistrate Judge Andrew T. Baxter who, on July 27, 2021, issued a Report- Recommendation recommending that the petition be denied and dismissed and that no certificate of appealability be issued. (Dkt. No. 20). Magistrate Judge Baxter advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Id., at 39).
Although Plaintiff was granted an extension of time, to September 9, 2021, to file objections, no objections to the Report-Recommendation were filed. (Dkt. Nos. 21, 22). As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F.Supp.3d 223, 228-29 (N.D.N.Y. 2012); Fed.R.Civ.P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 20) is ADOPTED in its entirety; and it is further
ORDERED that the Petition is DENIED and DISMISSED; and it is further
ORDERED, that no certificate of appealability (“COA”) is issued because Petitioner has failed to make “a substantial showing of the denial of a constitutional right” as required by 28 U.S.C. § 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)); and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.