Opinion
9:13-CV-0921 (DNH/DEP)
11-23-2015
MAXIMO DOE, Petitioner, v. ADA PEREZ, Respondent.
APPEARANCES: MAXIMO DOE Petitioner, Pro Se 10-A-3480 Downstate Correctional Facility Box F Fishkill, NY 12524 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Respondent 120 Broadway New York, NY 10271 OF COUNSEL: HANNAH S. LONG, ESQ. PAUL B. LYONS, ESQ. Ass't Attorneys General
APPEARANCES: MAXIMO DOE
Petitioner, Pro Se
10-A-3480
Downstate Correctional Facility
Box F
Fishkill, NY 12524
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
120 Broadway
New York, NY 10271
OF COUNSEL: HANNAH S. LONG, ESQ.
PAUL B. LYONS, ESQ.
Ass't Attorneys General
DAVID N. HURD United States District Judge DECISION and ORDER
Pro se petitioner Maximo Doe brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 30, 2015, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be denied. Neither petitioner nor respondent timely filed objections to the Report-Recommendation.
Based upon a de novo review of the Report-Recommendation, the Report-Recommendation is adopted in whole. See 28 U.S.C. § 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Therefore, it is
ORDERED that
1. The petition for a writ of habeas corpus is DENIED and DISMISSED; and
2. The Clerk is directed to close the file.
Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: November 23, 2015
Utica, New York.