Rutigliano v. LaManna

Filing 25

ORDER: ORDERED that the Report-Recommendation (Dkt. No. 21 ) is ADOPTED in its entirety. ORDERED that the petition (Dkt. No. 1) is DENIED and DISMISSED. ORDERED that no certificate of appealability shall issue because petitioner has fai led to make a "substantial showing of the denial of aconstitutional right" as required by 28 U.S.C. § 2253(c)(2). ORDERED that the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on September 19, 2022. {order served via regular mail on petitioner}(nas)

Case 9:19-cv-00745-GLS-ML Document 25 Filed 09/19/22 Page 1 of 3

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
DANIELLE RUTIGLIANO,
9:19-cv-745
(GLS/ML)

Petitioner,
v.
A. LaMANNA,

Respondent.
________________________________
APPEARANCES:
OF COUNSEL:
FOR THE PETITIONER:
Danielle Rutigliano
Pro Se
16-G-0414
Bedford Hills Correctional Facility
247 Harris Road
Bedford Hills, NY 10507
FOR THE RESPONDENT:
HON. LETITIA JAMES
New York Attorney General
28 Liberty Street
New York, NY 10005

MICHELLE ELAINE MAEROV
Assistant Attorney General

Gary L. Sharpe
Senior District Judge
ORDER
On August 29, 2022, the court ordered petitioner to notify the court of
her current address and/or verify that her mailing address is as listed in the
caption of this Order, and file any objections to Magistrate Judge Mirsolav

Case 9:19-cv-00745-GLS-ML Document 25 Filed 09/19/22 Page 2 of 3

Lovric’s Report-Recommendation (R&R) by September 12, 2022 . (Dkt.
No. 23.) The court warned petitioner that her failure to comply with the
August 29, 2022 Decision and Order would result in dismissal, and a copy
of the Order was sent to petitioner’s last known address. (Id.) Petitioner
has failed to so notify the court of her current address and did not object to
R&R.
Having review the R&R for clear error and finding none, see Almonte
v. N.Y. State Div. of Parole, No. Civ. 904CV484, 2006 WL 149049, at *5-*6
(N.D.N.Y. Jan. 18, 2006), it is adopted in its entirety. Moreover, dismissal
is warranted, consistent with the August 29, 2022 Decision and Order, for
petitioner’s failure to notify the court of her change of address, prosecute,
and comply with that Decision and Order.
Accordingly, it is hereby
ORDERED that the Report-Recommendation (Dkt. No. 21) is
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 shall issue because
petitioner has failed to make a “substantial showing of the denial of a
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Case 9:19-cv-00745-GLS-ML Document 25 Filed 09/19/22 Page 3 of 3

constitutional right” as required by 28 U.S.C. § 2253(c)(2); and it is further
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk serve this Order on petitioner at her last
known address and on all other parties in accordance with the Local Rules
of Practice.
September 19, 2022
Albany, New York

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