Sparrow v. Griffin

Filing 23

DECISION AND ORDER: ORDERED that 18 Report and Recommendation is hereby ADOPTED, and the Petition for a writ of habeas corpus is hereby DENIED and DISMISSED. The Court declines to issue a certificate of appealability. Signed by Senior Judge Thomas J. McAvoy on 7/7/17. {order served via regular mail on petitioner}(nas, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
LASHORN SPARROW,
Petitioner,
vs.

9:16-CV-204
(TJM/ATB)

THOMAS R. GRIFFIN,
Respondent.
___________________________________________
Thomas J. McAvoy,
Sr. U.S. District Judge

DECISION & ORDER
This pro se civil action, seeking a writ of habeas corpus pursuant to 28 U.S.C. §
2254, was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a
Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
The Report-Recommendation, dated April 6, 2017, recommends that the petition be
denied and dismissed and that the Court decline to issue a certif icate of appealability.
See dkt. # 18. The Magistrate Judge found that none of the grounds Petitioner stated for
overturning his state-law conviction had merit.
Petitioner filed objections to the Report-Recommendation. See dkt. # 21. W hen
objections to a magistrate judge’s Report-Recommendation are lodged, the Court makes a
“de novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” See 28 U.S.C. § 636(b)(1). After such a
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review, the Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. The judge may also receive further
evidence or recommit the matter to the magistrate judge with instructions.” Id.
Having reviewed the record de novo and having considered the issues raised in the
Petitioner’s objections, the Court has determined to accept and adopt the
recommendation of Magistrate Judge Baxter for the reasons stated in the ReportRecommendation.
Therefore, the Plaintiff’s objections to the Report-Recommendation of Magistrate
Judge Baxter, Dkt. # 21, are hereby OVERRULED. The Report-Recommendation, Dkt. #
18, is hereby ADOPTED, and:
1. The Petition for a writ of habeas corpus is hereby DENIED and DISMISSED;
and
2. The Court declines to issue a certificate of appealability.
IT IS SO ORDERED.

Dated: July 7, 2017

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