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holding that, even if the testifying officer was not duly sworn, it is assumed, in the absence of contrary evidence, that he testified truthfully
Summary of this case from Sims v. ArtusOpinion
11-cv-03681 (ALC) (FM)
01-12-2017
PEDRO MENA, Petitioner, v. PHILLIP D. HEATH, Superintendent of Sing Sing Correctional Facility, Respondent.
ORDER ADOPTING REPORT & RECOMMENDATION ANDREW L. CARTER, JR., United States District Judge :
Petitioner Pedro Mena, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, dated May 12, 2011. ECF No. 2. Mena subsequently filed an amended petition, dated July 11, 2011, alleging nine grounds for relief that can be divided into five categories: (1) the verdict was against the weight of the evidence; (2) the trial court erred in denying his motion to suppress his pre-arrest statements to police officers; (3) the trial court erred by admitting his pre-arrest statements without balancing their probative value against their potential prejudicial effect; (4) his trial counsel was ineffective; and (5) his appellate counsel was ineffective. ECF No. 5 ("Amended Petition").
On October 22, 2014, this matter was referred to United States Magistrate Judge Frank Maas for a Report & Recommendation. ECF No. 18. On May 31, 2016, Judge Maas issued a thorough Report and Recommendation ("R&R") recommending that the Amended Petition be denied. ECF No. 19. The Court granted Mena two extensions of time to file his objections to the R&R, the last of which expired on August 12, 2016. ECF Nos. 21, 23. To date, more than five months later, Mena has not filed any objection to the R&R.
Because no timely objection was made, the Court "need only satisfy itself that there is no clear error on the face of the record" to adopt the R&R. Figueroa v. Riverbay Corp., No. 06-cv-5364 (PAC) (KNF), 2006 WL 3804581, at *1 (S.D.N.Y. Dec. 22, 2006) (quoting Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)). The Court finds no clear error in the record and adopts the reasoned conclusions in Judge Maas' R&R in their entirety.
For the reasons stated, Mena's Amended Petition is DENIED.
SO ORDERED.
Dated: January 12, 2017
New York, New York
/s/ _________
ANDREW L. CARTER, JR.
United States District Judge