Opinion
9:18-cv-517 (GLS/DJS)
08-31-2021
DONALD E. GLASS, Petitioner, v. SUPERINTENDENT, Respondent.
FOR THE PETITIONER: DONALD E. GLASS Pro Se Green Haven Correctional Facility FOR RESPONDENT: HON. LETITIA JAMES New York State Attorney General JAMES FOSTER GIBBONS Assistant Attorney General
FOR THE PETITIONER: DONALD E. GLASS Pro Se Green Haven Correctional Facility
FOR RESPONDENT: HON. LETITIA JAMES New York State Attorney General
JAMES FOSTER GIBBONS Assistant Attorney General
ORDER
GARY L. SHARPE, SENIOR DISTRICT JUDGE
The above-captioned matter comes to this court following a ReportRecommendation and Order (R&R) by Magistrate Judge Daniel J. Stewart, duly filed July 30, 2021. (Dkt. No. 30.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the R&R for clear error, it is hereby
On August 11, 2021 and August 12, 2021, plaintiff filed letters that do not raise any objections to the R&R.
ORDERED that the Report-Recommendation and Order (Dkt. No. 30) is ADOPTED in its entirety; and it is further
ORDERED that the petition (Dkt. No. 1) is DENIED and DISMISSED; and it is further
ORDERED that no certificate of appealability shall issue 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) ; and it is further
See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); see also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007) (holding that, if the court denies a habeas petition on procedural grounds, “the certificate of appealability must show that jurists of reason would find debatable two issues: (1) that the district court was correct in its procedural ruling, and (2) that the applicant has established a valid constitutional violation”).
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice.
IT IS SO ORDERED.