Outar v. Khahaifa

Filing 27

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, No objections were filed. This Court has reviewed the unoppposed R&R, and, finding no clear error, the Court adopts Magistrate Judge Orenstein's R&R in its entirety pursuant to 28 USC sec . sec. 636(b)(1). The petition for habeas corpus is denied and the Court will not issue a Certificate of Appealability. It is further certified pursuant to 28 USC sec. 1915(a) that any appeal would not be taken in good faith. The Clerk of Court is directed to close the case. (Ordered by Judge Margo K. Brodie on 12/21/2012) c/m Fwd. to Judgment.

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FILED

IN CLERK'S OFFICE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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USDISTAJCTCOUATED. .

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DOORGA OUTAR,

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BROOKLYN OFFICE

DEC 2 6 2012

Petitioner,

MEMORDANDUM & ORDER
v.

10-CV-3956 (MKB)

SIBATU KHAHAIF A,
Respondent.

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MARGO K. BRODIE, United States District Judge:
Petitioner Doorga Outar brings the above-captioned prose petition pursuant to 28 U.S.C.
§ 2254, in which he alleges that he is being held in state custody in violation of his federal

constitutional rights. Petitioner's claims arise from a judgment of conviction after a jury trial in
New York Supreme Court, Queens County, for first- and second-degree burglary, first-degree
unlawful imprisonment, first- and second-degree criminal contempt, aggravated criminal
contempt, third-degree assault, fourth-degree criminal mischief, and resisting arrest in 2007.

1

The Court referred Petitioner's claim to United States Magistrate Judge James Orenstein.
By Report and Recommendation ("R&R") dated September 25, 2012, Magistrate Judge
Orenstein recommended that the petition for writ of habeas corpus be denied. (Dkt No. 25.) No
objections were filed.
A district court reviewing a magistrate judge's recommended ruling "may accept, reject,
or modify, in whole or in part, the findings or recommendations made by the magistrate judge."
28 U.S.C. § 636(b)(1)(C). "Failure to object to a magistrate judge's report and recommendation
within the prescribed time limit 'may operate as a waiver of any further judicial review of the
1

Petitioner was found not guilty of forcible touching, third-degree sexual abuse, and
~second-degree menacing.

decision, as long as the parties receive clear notice of the consequences of their failure to
object."' Sepe v. New York State Ins. Fund, 466 F. App'x 49, 50 (2d Cir. 2012) (quoting United
States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir.l997)).

This Court has reviewed the unopposed R&R, and, finding no clear error, the Court
adopts Magistrate Judge Orenstein's R&R in its entirety pursuant to 28 U.S.C. § 636(b)(l). The

petition for habeas corpus is denied and the Court will not issue a certificate of appealability.
See 28 U.S.C. § 2253. It is further certified pursuant to 28 U.S.C. § 1915(a) that any appeal
would not be taken in good faith. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of

Court is directed to close the case.

S?_~ERED:

MA 0 K. BRODIE
Unit d States District Judge
Dated: December 21, 2012
Brooklyn, New York

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