Griffin v. Kaplan

Filing 37

DECISION AND ORDER: ORDERED that 28 Report and Recommendation is adopted in whole. ORDERED that the amended petition for a writ of habeas corpus is DENIED and DISMISSED in all respects on the grounds that it is time-barred; and the Clerk is directed to close the file. Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Signed by Judge David N. Hurd on 3/29/17. {order served via regular mail on petitioner}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------MANDI GRIFFIN, also known as
MANDI T. GRIFFIN,
Petitioner,
-v-

9:14-CV-0024
(DNH/TWD)

SABRINA KAPLAN,
Respondent.
-------------------------------APPEARANCES:

OF COUNSEL:

MANDI GRIFFIN
Petitioner, Pro Se
06-G-0281
Bedford Hills Correctional Facility
247 Harris Road
Bedford Hills, New York 10507
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Respondent
120 Broadway
New York, New York 10271

LISA E. FLEISCHMANN, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se petitioner Mandi Griffin, also known as Mandi T. Griffin, brought this petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed an amended petition on
March 17, 2014. See ECF No. 7. On January 27, 2017, the Honorable Thérèse Wiley Dancks,
United States Magistrate Judge, advised, by Report-Recommendation, that the petition be

denied. Petitioner timely filed objections to the Report-Recommendation and Respondent has
filed a letter requesting that the Report-Recommendation be adopted. See ECF Nos. 33 & 34.
Based upon a de novo review of the portions of the Report-Recommendation to which
petitioner and respondent objected, the Report-Recommendation is adopted in whole. See 28
U.S.C. § 636(b)(1); Rule 10, Rules Governing Section 2254 Cases.
Therefore, it is
ORDERED that
1. The amended petition for a writ of habeas corpus is DENIED and DISMISSED in
all respects on the grounds that it is time-barred; and
2. The Clerk is directed to close the file.
Because petitioner has not made a substantial showing of the denial of any
constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.
IT IS SO ORDERED.

Dated: March 29, 2017
Utica, New York.

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