Opinion
9:18-cv-0706 (BKS/ATB)
10-01-2019
GAVIN C. THOMAS, Petitioner, v. EARL BELL, Respondent.
Appearances: Petitioner, pro se: Gavin C. Thomas 16-A-0095 Coxsackie Correctional Facility P.O. Box 999 Coxsackie, NY 12051 For Respondent: Letitia James Attorney General of the State of New York Priscilla I. Steward Assistant Attorney General, of Counsel 28 Liberty Street New York, NY 10005
Appearances:
Petitioner, pro se:
Gavin C. Thomas
16-A-0095
Coxsackie Correctional Facility
P.O. Box 999
Coxsackie, NY 12051 For Respondent:
Letitia James
Attorney General of the State of New York
Priscilla I. Steward
Assistant Attorney General, of Counsel
28 Liberty Street
New York, NY 10005 Hon. Brenda K. Sannes, United States District Judge :
MEMORANDUM-DECISION AND ORDER
On June 18, 2018, Petitioner Gavin C. Thomas filed a petition under 28 U.S.C. § 2254 seeking the issuance of a writ of habeas corpus. (Dkt. No. 1). Respondent filed a response to the petition on October 5, 2018, and Petitioner filed a traverse on October 25, 2018. (Dkt. Nos. 7, 9). This matter was referred to United States Magistrate Judge Andrew T. Baxter who, on July 31, 2019, issued a Report-Recommendation recommending that the petition be denied and dismissed, and that a certificate of appealability be denied. (Dkt. No. 11). Magistrate Judge Baxter advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 11, at 28). No objections have been filed.
As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Report-Recommendation is adopted in its entirety.
For these reasons, it is
ORDERED that the Report-Recommendation (Dkt. No. 11) is ADOPTED in its entirety; and it is further
ORDERED that the petition (Dkt. No. 1) is DENIED AND DISMISSED; and it is further
ORDERED that no Certificate of Appealability ("COA") shall issue because Petitioner has failed to make "a substantial showing of the denial of a constitutional right" as required by 28 U.S.C. § 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)); and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED. Dated: October 1, 2019
Syracuse, New York
/s/_________
Brenda K. Sannes
U.S. District Judge