White v. Bell
Filing
20
ORDER ON REPORT & RECOMMENDATION: ORDERED that 1. The 19 Report & Recommendation is ADOPTED; 2. Petitioner's petition is DENIED and DISMISSED; and3. No Certificate of Appealability shall issue because petitioner has failed to make "a substantial showing of the denial of a constitutional right" as required by 28 U.S.C. § 2253(c)(2). The Clerk of the Court is directed to enter a judgment accordingly and close the file. Signed by Judge David N. Hurd on September 7, 2021. {order served via regular mail on petitioner}(nas)
Case 9:19-cv-01066-DNH-DJS Document 20 Filed 09/07/21 Page 1 of 3
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------EQUARN WHITE,
Plaintiff,
-v-
9:19-CV-1066
WARDEN,
Defendant.
-------------------------------APPEARANCES:
OF COUNSEL:
EQUARN WHITE
Plaintiff, Pro Se
1412100363
West Facility (WF)
16-06 Hazen Street
East Elmhurst, NY 11370
HON. LETITIA JAMES
New York State Attorney General
Attorneys for Defendants
28 Liberty Street
New York, NY 10005
LISA E. FLEISCHMANN, ESQ.
Ass’t Attorney General
DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On August 26, 2019, pro se petitioner Equarn White (“petitioner”), then an
inmate in the custody of the New York State Department of Corrections and
Case 9:19-cv-01066-DNH-DJS Document 20 Filed 09/07/21 Page 2 of 3
Community Supervision (“DOCCS”) at Clinton Correctional Facility (“Clinton
C.F.), filed this habeas corpus action alleging that he was denied the right to
appeal in certain civil proceedings, that DOCCS officials failed to follow
lawful procedures regarding referral to a treatment program, and that
DOCCS officials retaliated against him for grievances he filed against
them. Dkt. Nos. 1, 8.
On August 16, 2021, U.S. Magistrate Judge Daniel J. Stewart advised by
Report & Recommendation (“R&R”) that petitioner’s petition should be
denied and dismissed. Dkt. No. 19. Neither party has filed objections, and
the time period in which to do so has expired. See id. Upon review for clear
error, the Report & Recommendation will be accepted and adopted in all
respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ADOPTED;
2. Petitioner’s petition is DENIED and DISMISSED; and
3. No Certificate of Appealability shall issue because petitioner has failed
to make “a substantial showing of the denial of a constitutional right” as
required by 28 U.S.C. § 2253(c)(2).
The Clerk of the Court is directed to enter a judgment accordingly and
close the file.
-2-
Case 9:19-cv-01066-DNH-DJS Document 20 Filed 09/07/21 Page 3 of 3
IT IS SO ORDERED.
Dated: September 7, 2021
Utica, New York.
-3-
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