Ray v. Bradt

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS, No objections were filed. This Court has reviewed the unopposed R&R, and, finding no clear error, the Court adopts the Magistrate Judge Bloom's R&R in its entirety pursuant to 28 USC sec. 636(b)(1). Th e 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 4/1/2013) c/m Fwd. for Judgment. (Galeano, Sonia)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

IN

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US DISTRICT COURT E. D. . .

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RAYMONRAY,

BROOKLYN OFFICE

APR01 2013

Petitioner,
MEMORDANDUM & ORDER
11-CV -400 (MKB)

v.
MARK BRADT,
Respondent.

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MARGO K. BRODIE, United States District Judge:
Petitioner Rayman Ray 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 second-degree burglary, fourth-degree grand
larceny, fourth-degree criminal possession of stolen property, fourth-degree criminal mischief
and possession of burglar's tools in 2008.
The Court referred Petitioner's claim to United States Magistrate Judge Lois Bloom. By
Report and Recommendation ("R&R") dated February 1, 2013, Magistrate Judge Bloom
recommended that the petition for writ of habeas corpus be denied. (Docket No. 19.) 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)(l)(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 ofthe
decision, as long as the parties receive clear notice of the consequences of their failure to

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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 Bloom'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.

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M;;:,oo K. 'HRODIE
Un\d States District Judge
Dated: April 1, 2013
Brooklyn, New York