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Robles v. Fischer

United States District Court, S.D. New York
Mar 12, 2008
05 Civ. 3232 (JSR) (S.D.N.Y. Mar. 12, 2008)

Opinion

05 Civ. 3232 (JSR).

March 12, 2008


ORDER


On February 22, 2008, the Honorable Frank Maas, United States Magistrate Judge, issued an Amended Report and Recommendation in the above-captioned matter recommending that this petition for habeas corpus be denied.

Petitioner has failed to file any objection to the Report and Recommendation, and, for that reason alone, has waived any right to review by this Court. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985); Mario v. P C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons therein, dismisses the petition with prejudice. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See 28 U.S.C. § 1915(a)(3); see also Seimon v. Emigrant Says. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). Clerk to enter judgment.

SO ORDERED.


Summaries of

Robles v. Fischer

United States District Court, S.D. New York
Mar 12, 2008
05 Civ. 3232 (JSR) (S.D.N.Y. Mar. 12, 2008)
Case details for

Robles v. Fischer

Case Details

Full title:PEDRO ROBLES, Petitioner, v. BRIAN FISCHER, Superintendent, Sing Sing…

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

Date published: Mar 12, 2008

Citations

05 Civ. 3232 (JSR) (S.D.N.Y. Mar. 12, 2008)