Lomack v. Napoli

Full title: TAIWAN LOMACK, Petitioner, v. D. NAPOLI, Superintendent, Respondent

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

Date published: Apr 25, 2011

07-CV-200A (W.D.N.Y. Apr. 25, 2011)

Opinion

07-CV-200A.

April 25, 2011

ORDER

RICHARD ARCARA, District Judge

The above-referenced case was referred to Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 5, 2011, Magistrate Judge Bianchini filed a Report and Recommendation, recommending dismissal of the instant proceeding pursuant to Rule 41(b) of the Federal Rules of Civil Procedure based upon petitioner's failure to comply with the Courts' scheduling orders, his failure to prosecute this action and his failure to comply with the Eastern District of New York's Local Rules of Civil Procedure.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Bianchini's Report and Recommendation, the case is dismissed.

The Court finds that petitioner has failed to make a substantial showing of the denial of a constitutional right and therefore denies a certificate of appealability. 28 U.S.C. § 2253(c)(2).

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this judgment would not be taken in good faith, and therefore denies leave to appeal in forma pauperis. Further requests to proceed on appeal in forma pauperis must be filed with the United States Court of Appeals for the Second Circuit in accordance with the requirements of Rule 24 of the Federal Rules of Appellate Procedure.

The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.