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)

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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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