Williams v. Kirkpatrick

Filing 9

MEMORANDUM DECISION AND ORDER. I have reviewed the record and find no error in Judge Bloom's recommendation that the petition be denied. Since the petitioner has failed to make a "substantial showing of the denial of a constitutional right," a Certificate of Appealability shall not issue. 28 U.S.C. § 2253(c). TheClerk of the Court is directed to enter judgment and to close the case. Ordered by Judge Ann M. Donnelly on 11/14/2018. (Greene, Donna)

FILED
IN CLERK'S OPnCE

US DISTRICT COURT E.D,N.Y»
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

5 NOV 1B 2013 5
X

BROOKLYN OFFICE

DANNY WILLIAMS,
Petitioner,

MEMORANDUM DECISION AND
ORDER

- againstMICHAEL KIRKPATRICK,

16-CV-06466(AMD)
(LB)
Respondent.
X

ANN M.DONNELLY,District Judge.

The pro se petitioner, Danny Williams,filed a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254, challenging his 2012 New York conviction for Murder in the Second Degree
(N.Y. Penal Law § 125.25[1]), Attempted Murder in the Second Degree (N.Y. Penal Law
§ 110/125.25[1]), and Assault in the First Degree (N.Y. Penal Law § 120.10[I]). The petitioner

claims that the trial judge considered improper factors in sentencing him, rendering his sentence
excessive. He also challenges his lawyer's cross-examination of a trial witness.
I referred the petition to Magistrate Judge Lois Bloom for a Report and Recommendation

("R&R"). On September 24, 2018, Judge Bloom issued a thorough and well-reasoned R&R,
recommending that I deny the petition in its entirety. The R&R was mailed to the petitioner on
the same day. On October 9, 2018,1 extended the time for the petitioner to file objections to the

R&R an additional thirty days. Neither party has objected to the R&R and the time to do so has
now passed.

A district court "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). To accept those portions

1

of the R&R to which no timely objection has been made,"a district court need only satisfy itself
that there is no clear error on the face of the record."

v. N. Am. Globex Fund. LP., 823

F.Supp.2d 161, 163 (E.D.N.Y. 2011)(internal quotation marks omitted).
I have reviewed the record and find no error in Judge Bloom's recommendation that the
petition be denied. Since the petitioner has failed to make a "substantial showing of the denial of
a constitutional right," a Certificate of Appealability shall not issue. 28 U.S.C. § 2253(c). The
Clerk of the Court is directed to enter judgment and to close the case.
SO ORDERED.

s/Ann M. Donnelly
Ann M. Donnelly
United States District Judge

Dated: Brooklyn, New York
November 14, 2018