Rivera v. Greiner

Full title: JOSE RIVERA, Petitioner, v. CHARLES GREINER, Superintendent, Respondent

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

Date published: Jan 26, 2000

97 Civ. 2954 (LAK) (S.D.N.Y. Jan. 26, 2000)

Opinion

97 Civ. 2954 (LAK)

January 26, 2000

ORDER

LEWIS A. KAPLAN, United States District Judge.

For the reasons set forth in Magistrate Judge Eaton's careful report and recommendation, to which no objection has been filed, (a) the second and third paragraphs of page 3(a) of the petition are deemed withdrawn so they may be presented to the state courts, and (b) the petition is otherwise denied. In view of the petitioner's failure to object to the report and recommendation, with its concomitant waiver of appellate review, the Court need not indicate whether a certificate of appealability otherwise would have been appropriate.

SO ORDERED.