Green v. Connell

Full title: COURTNEY GREEN, Petitioner, v. SUSAN CONNELL, Superintendent of the Oneida…

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

Date published: Nov 21, 2006

05-CV-5795 (CBA) (E.D.N.Y. Nov. 21, 2006)

Opinion

05-CV-5795 (CBA).

November 21, 2006

MEMORANDUM AND ORDER

CAROL AMON, District Judge

Petitioner Courtney Green filed for writ of habeas corpus on December 13, 2005. The petition was referred to Magistrate Judge Mann, who issued a Report and Recommendation ("RR") recommending that the petition be denied and the case be dismissed.

Green filed objections to the RR complaining principally that the Magistrate Judge Mann did not consider the "totality of the circumstances," as required by the constitutional standard, in coming to her recommendation. See, e.g., Foster v. California, 394 U.S. 440 (1969).

This Court concludes that Green's objections have no merit and adopts the well-reasoned RR as the opinion of the Court. A certificate of appealability will not issue because petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253 (c)(2). The Clerk of the Court is directed to close the case.

SO ORDERED.