Sullivan v. New York St. Dept. of Correctional Serv

Full title: MITCHELL SULLIVAN, Petitioner, v. NEW YORK STATE DEPARTMENT OF…

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

Date published: Sep 29, 2008

07 Civ. 7177 (SHS) (FM) (S.D.N.Y. Sep. 29, 2008)

Opinion

07 Civ. 7177 (SHS) (FM).

September 29, 2008

ORDER

SIDNEY STEIN, District Judge

In a Report and Recommendation dated August 14, 2008, Magistrate Judge Frank Maas recommended that this petition for a writ of habeas corpus be dismissed. Petitioner has filed no objections to the Report and Recommendation. After a de novo review of Magistrate Judge Maas's Report and Recommendation dated August 14, 2008,

IT IS HEREBY ORDERED that

1. Magistrate Judge Maas's Report and Recommendation is adopted insofar as it recommends dismissing the petition as untimely;

2. The petition pursuant to 28 U.S.C. § 2254 is dismissed;

3. As 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; see also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007); and

4. Pursuant to 28 U.S.C. § 1915(a), the Court certifies that any appeal from this Order would not be taken in good faith.

SO ORDERED: