Acevedo v. Superintendent
Filing
13
ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 12 ) is APPROVED and ADOPTED in its entirety. ORDERED, that the Petition (Dkt. No. 1) is DENIED and DISMISSED. ORDERED, that no Certificate of Appealability ("COA") shall i ssue because Petitioner has failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. § 2253(c)(2) requires. Signed by Senior Judge Lawrence E. Kahn on 3/13/18. {order served via regular mail on petitioner}(nas, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
HECTOR ACEVEDO,
Petitioner,
-against-
9:16-CV-0594 (LEK/DEP)
SUPERINTENDENT,
Respondent.
ORDER
This matter comes before the Court following a report-recommendation filed on February
16, 2018, by the Honorable David E. Peebles, U.S. Magistrate Judge, pursuant to 28 U.S.C.
§ 636(b) and Local Rule 72.3. Dkt. No. 12 (“Report-Recommendation”).
Within fourteen days after a party has been served with a copy of a magistrate judge’s
report-recommendation, the party “may serve and file specific, written objections to the proposed
findings and recommendations.” Fed. R. Civ. P. 72(b); L.R. 72.1(c). If no objections are made, or
if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to
the magistrate judge, a district court need review that aspect of a report-recommendation only for
clear error. Barnes v. Prack, No. 11-CV-857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18,
2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306–07, 306 n.2 (N.D.N.Y. 2008); see also
Machicote v. Ercole, No. 06-CV-13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011)
(“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and
clearly aimed at particular findings in the magistrate’s proposal, such that no party be allowed a
second bite at the apple by simply relitigating a prior argument.”). “A [district] judge . . . 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).
No objections were filed in the allotted time period. Docket. Thus, the Court has
reviewed the Report-Recommendation for clear error and has found none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and
ADOPTED in its entirety; and it is further
ORDERED, that the Petition (Dkt. No. 1) is DENIED and DISMISSED; and it is
further
ORDERED, that no Certificate of Appealability (“COA”) shall issue because Petitioner
has failed to make a “substantial showing of the denial of a constitutional right” as 28 U.S.C.
§ 2253(c)(2) requires;1 and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on the parties in
accordance with the Local Rules.
IT IS SO ORDERED.
DATED:
March 13, 2018
Albany, New York
1
See, e.g., Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (“[Section] 2253(c) permits
the issuance of a COA only where a petitioner has made a ‘substantial showing of the denial of a
constitutional right.’”); Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007) (“Where, as
here, the denial of the habeas petition is based upon procedural grounds, the certificate of
appealability must show that jurists of reason would find debatable two issues: (1) that the
district court was correct in its procedural ruling, and (2) that the applicant has established a
valid constitutional violation.”).
2
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