Opinion
9:18-CV-914
09-29-2021
STEPHEN PLUFF, Petitioner, v. SUPERINTENDENT, Respondent.
STEPHEN PLUFF Petitioner, Pro Se Five Points Correctional Facility HON. LETITIA JAMES New York State Attorney General Attorneys for Defendant PAUL B. LYONS, ESQ. Ass't Attorney General
STEPHEN PLUFF Petitioner, Pro Se Five Points Correctional Facility
HON. LETITIA JAMES New York State Attorney General Attorneys for Defendant
PAUL B. LYONS, ESQ. Ass't Attorney General
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD UNITED STATES DISTRICT JUDGE
On August 3, 2018, pro se petitioner Stephen Pluff (“petitioner”) filed this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1. Petitioner also filed a certified application to proceed in forma pauperis (“IFP”). Dkt. No. 2. Thereafter, the Court granted petitioner's IFP application and directed a response to petitioner's arguments. Dkt. No. 9.
On September 8, 2021, U.S. Magistrate Judge Daniel J. Stewart advised by Report & Recommendation (“R&R”) that the petition be denied and dismissed as untimely. Dkt. No. 28. Petitioner has filed objections. Dkt. No. 29. Upon de novo review of the portions to which petitioner has objected, the Report & Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. The petition is DENIED and DISMISSED; and
3. No certificate of appealability shall be issued.
The Clerk of the Court is directed to terminate any pending motions, enter a judgment accordingly, and close the file.
IT IS SO ORDERED.