Abuziyad v. Goyea

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court has reviewed the unopposed R&R, and, finding no clear error, adopts the R&R in its entirety and denies the petition for a writ of habeas corpus. The Court will not issue a certificate of appealabil ity. 28 U.S.C. § 2253(c)(2). The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445. The Clerk of Court is directed to close this case and mail a copy of this Order to Petitioner at the following address: 3521 Farrington Street, Apt. 4R, Flushing, New York, 11354. Ordered by Judge Margo K. Brodie on 5/22/2020. (Valentin, Winnethka)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------RAMI ABUZIYAD,
Petitioner,
ORDER
17-CV-552 (MKB) (CLP)

v.
PAUL N. GOYEA, Superintendant, Mohawk
Correctional Facility,
Respondent.
--------------------------------------------------------------MARGO K. BRODIE, United States District Judge:

Petitioner Rami Abuziyad, proceeding pro se, filed the above-captioned petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that his confinement in state
custody violates the United States Constitution. (Pet., Docket Entry No. 1.) Petitioner’s claims
arise from a judgment of conviction after a jury trial in the Supreme Court of the State of New
York, Kings County, for criminal possession of stolen property in the third degree. (Id.) On June
20, 2019, the Court referred the petition to Magistrate Judge Cheryl L. Pollak for a report and
recommendation. (Order dated June 20, 2019.) By report and recommendation dated September
20, 2019, Judge Pollak recommended that the Court deny the petition as moot, or in the
alternative, procedurally barred and without merit (the “R&R”). (R&R 1, 21, 28, 30, 34, 35–37,
Docket Entry No. 13.)
No party has objected to the R&R and the time for doing so has passed.
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). “Where parties receive clear notice of the consequences, failure to

timely object to a magistrate’s report and recommendation operates as a waiver of further judicial
review of the magistrate’s decision.” Smith v. Campbell, 782 F.3d 93, 102 (2d Cir. 2015)
(quoting Mario v. P&C Food Markets, Inc., 313 F. 3d 758, 766 (2d Cir. 2002) (citing Small v.
Sec’y of Health & Human Servs., 892 F. 2d 15, 16 (2d Cir. 1989) (per curiam))); see also Sepe v.
N.Y. 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. 1997)); see also Almonte v. Suffolk Cty., 531 F. App’x 107, 109 (2d Cir.
2013) (“As a rule, a party’s failure to object to any purported error or omission in a magistrate
judge’s report waives further judicial review of the point.” (quoting Cephas v. Nash, 328 F.3d 98,
107 (2d Cir. 2003))); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd &
Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010) (“[A] party waives appellate review of a decision in
a magistrate judge’s [r]eport and [r]ecommendation if the party fails to file timely objections
designating the particular issue.” (citations omitted)).
The Court has reviewed the unopposed R&R, and, finding no clear error, adopts the R&R
in its entirety and denies the petition for a writ of habeas corpus. The Court will not issue a
certificate of appealability. 28 U.S.C. § 2253(c)(2). The Court certifies pursuant to 28 U.S.C.
§ 1915(a) that any appeal would not be taken in good faith and therefore in forma pauperis status
is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444–45
(1962).

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The Clerk of Court is directed to close this case and mail a copy of this Order to
Petitioner at the following address: 3521 Farrington Street, Apt. 4R, Flushing, New York, 11354.
Dated: May 22, 2020
Brooklyn, New York

SO ORDERED:

s/ MKB
MARGO K. BRODIE
United States District Judge

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