Davis v. The People of New York State

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations. The petition pursuant to 28 USC 2254 is dismissed. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. Pursuant to 28 USC 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith. (Signed by Judge Sidney H. Stein on 6/23/11) (cd)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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07 Civ. 9265 (SHS)

RAUL DAVIS,
Petitioner,
-against-

ORDER

THE PEOPLE OF THE STATE OF NEW YORK,
Respondent.

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SIDNEY H. STEIN, U.S. District Judge.
On May 18, 2011, Magistrate Judge Frank Mass issued a Report and Recommen­
dation recommending that Davis' petition pursuant to 28 U.S.C. § 2254 be denied. Objections to
the Report & Recommendation were due on June 6, 2011. To date, no objections have been
received by the Court. After a de novo review of the May 18, 2011, Report and Recommenda­
tion,
IT IS HEREBY ORDERED that:
1.

Magistrate Judge Maas' Report and Recommendation is adopted;

2.

The petition pursuant to 28 U.S.C. § 2254 is dismissed;

3.

As petitioner has not made a substantial showing of the denial of a

constitutional right, a certificate of appealability will not issue. 28 U.S.c. § 2253; see also
Richardson v. Greene, 497 F.3d 212,217 (2d Cir. 2007); and

4.

Pursuant to 28 U.S.c. § 19I5(a) the Court certifies that any appeal from

this Order would not be taken in good faith.

Dated: New York, New York
June 23, 2011
SO ORDERED:

_

./ \
Sidney H)Stein, U.S.D.J.
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