Rodriguez v. N.Y. State Dep't of Parole & Cmty. Supervision

Full title: FULGENCIO RODRIGUEZ, Petitioner, v. NEW YORK STATE DEPARTMENT OF PAROLE…

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

Date published: Aug 31, 2021

9:18-cv-928 (GLS/ML) (N.D.N.Y. Aug. 31, 2021)

Opinion

9:18-cv-928 (GLS/ML)

08-31-2021

FULGENCIO RODRIGUEZ, Petitioner, v. NEW YORK STATE DEPARTMENT OF PAROLE AND COMMUNITY SUPERVISION Respondent.

FOR THE PETITIONER: FULGENCIO RODRIGUEZ Pro Se FOR THE RESPONDENT: HON. LETITIA JAMES New York State Attorney General PRISCILLA I. STEWARD Assistant Attorney General

Gary L. Sharpe Senior District Judge

FOR THE PETITIONER: FULGENCIO RODRIGUEZ Pro Se

FOR THE RESPONDENT: HON. LETITIA JAMES New York State Attorney General

PRISCILLA I. STEWARD Assistant Attorney General

ORDER

Gary L. Sharpe Senior District Judge

The above-captioned matter comes to this court following an Order and Report-Recommendation (R&R) by Magistrate Judge Miroslav Lovric, duly filed July 30, 2021. (Dkt. No. 15.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the R&R for clear error, it is hereby

ORDERED that the Order and Report-Recommendation (Dkt. No. 15) is ADOPTED in its entirety; and it is further

ORDERED that the petitioner's petition for a writ of habeas corpus (Dkt. No. 1) is DENIED and DISMISSED; and it is further

ORDERED that, because the Court finds the petitioner has not made a “substantial showing of the denial of a constitutional right” pursuant to 28 U.S.C. §2253(c)(2), no certificate of appealability shall issue; and it is further

ORDERED that the Clerk close this case; and it is further

ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice.

IT IS SO ORDERED.