Opinion
9:19-CV-0870 (TJM/DJS)
08-30-2021
ROBERT NELSON, Petitioner, v. EARL BELL, Superintendent, Clinton Correctional Facility, Respondent.
DECISION AND ORDER
THOMAS J. McAVOY, Senior United States District Judge
This petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and N.D.N.Y.72.3(c).
No objections to the Report-Recommendation and Order dated September 21, 2020 have been filed, and the time to do so has expired. Furthermore, after examining the record, this Court has determined that the Report-Recommendation and Order is not subject to attack for plain error or manifest injustice.
Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and Order (Dkt. No. 19) for the reasons stated therein. It is therefore
ORDERED that Petitioner's writ of habeas corpus (Dkt. No. 1) is DENIED and DISMISSED, and it is further
ORDERED that no Certificate of Appealability (“COA”) 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).
IT IS SO ORDERED.