Pitt v. Rabiduea

Filing 22

ORDER: ORDERED that 21 Report and Recommendation of Judge Treece filed July 19, 2013 is accepted in its entirety for the reasons state therein. ORDERED, that the Petition (Dkt. No. 1) is DENIED in its entirety. ORDERED, that because the Court finds the Petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2), no certificate of appealability should be issued with respect to any of Petitioner's claims. Se e 28 U.S.C. § 2253(c)(2) ("A certificate of appealability may issue... only if the applicant has made a substantial showing of the denial of a constitutional right.); see also Lucidore v. New York state Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000), cert. denied 531 U.S. 873 (2000). Signed by Chief Judge Gary L. Sharpe on 8/16/13. (Attachments: # 1 r&r of Mag. Treece) {order served via regular mail on petitioner}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------MATTHEW PITT
Petitioner,
-v.Civil Action No.
9:10-cv-1233 (GLS/RFT)
R. RABIDUEA
Respondent.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PETITIONER:
MATTHEW PITT
Pro Se
05-B-2870
Mohawk Correctional Facility
P.O. Box 8451
Rome, New York 13440
FOR THE RESPONDENT:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of
New York
120 Broadway
New York, New York 10271

GARY L. SHARPE,
CHIEF JUDGE

PAUL M. TARR, ESQ.

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Randolph F. Treece, duly filed July
19, 2013. Following ten days from the service thereof, the Clerk has sent
the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the
Magistrate Judge’s Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge
Randolph F. Treece filed July 19, 2013 (Dkt. No. 21) is ACCEPTED in its
entirety for the reasons state therein; and it is further
ORDERED, that the Petition (Dkt. No. 1) is DENIED in its entirety; and
it is further
ORDERED, that because the Court finds the Petitioner has not made
a “substantial showing of the denial of a constitutional right” pursuant to 28
U.S.C. § 2253(c)(2), no certificate of appealability should be issued with
respect to any of Petitioner’s claims. See 28 U.S.C. § 2253(c)(2) (“A
certificate of appealability may issue ... only if the applicant has made a
substantial showing of the denial of a constitutional right.”); see also
Lucidore v. New York state Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000),

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cert. denied 531 U.S. 873 (2000); and it is further
ORDERED, that the Clerk of the Court is to mail copies of the Order to
the parties in accordance with the court’s local rules.
IT IS SO ORDERED.

Dated:

August 16, 2013
Albany, New York

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