Brown v. Bradt

Filing 26

ORDER: ORDERED that 25 Report and Recommendation of Magistrate Judge Christian F. Hummel filed March 25, 2013 is ACCEPTED in its entirety. ORDERED, that Brown's petition for a writ of habeas corpus (Dkt. No. 1) is DENIED. ORDERED, that no certificate of appealability should be issued with respect to any of Brown's claims as Brown has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. §2253(c)(2). See 28 U.S.C. &# 167;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). Signed by Chief Judge Gary L. Sharpe on 4/16/13. (Attachments: # 1 report and recommendation of Judge Hummel) {order and r&r (minus case law) served via regular mail on petitioner}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------DELAMAR BROWN
Petitioner,
-v.Civil Action No.
9:11-cv-972 (GLS/CFH)
M. BRADT, Superintendent
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PETITIONER:
DELAMAR BROWN
06-B-2999
Petitioner Pro Se
Green Haven Correctional Facility
P.O. Box 4000
Stormville, New York 12582
FOR THE RESPONDENT:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224-0341

PAUL M. TARR, ESQ.
Assistant Attorney General

GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a Report-

Recommendation by Magistrate Judge Christian F. Hummel, duly filed
March 25, 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
Christian F. Hummel filed March 25, 2013 is ACCEPTED in its entirety for
the reasons state therein, and it is further
ORDERED, that Brown’s petition for a writ of habeas corpus (Dkt. NO.
1) is DENIED, and it is further
ORDERED, that no certificate of appealability should be issued with
respect to any of Brown’s claims as Brown has not made a “substantial
showing of the denial of a constitutional right” pursuant to 28 U.S.C. §
2253(c)(2). 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).; 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.

2

IT IS SO ORDERED.

Dated:

April 16, 2013
Albany, New York

3