Diaz v. Graham
Filing 38
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Report and Recommendations. Upon de novo review of the Report, petitioner's objections are overruled and the Report is accepted in its entirety. Petitioner's amended petition is denied fo r the reasons set forth in the Report, petitioner's application for a stay of this proceeding and for leave to amend his amended petition is denied and this proceeding is dismissed. Since petitioner has failed to make a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. Petitioner has a right to seek a certificate of appealability from the Court of Appeals for the Second Circuit. The Clerk of the Court is directed to enter judgment in favor of respondent, to close this case and to serve notice of entry of this Order. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 3/31/2011.cm (Brienza, Lauren)
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