Wood v. Conway

Filing 19

ADOPTION OF REPORT AND RECOMMENDATION for 17 Report and Recommendations: It is hereby ORDERED AND ADJUDGED that the Report and Recommendation of United States Magistrate Judge James L. Cott, dated May 12, 2010, be and the same hereby is APPROVED, A DOPTED, and RATIFIED by the Court in its entirety. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The Clerk of the Court is directed to CLOSE the docket in this case. (Signed by Judge Deborah A. Batts on 7/14/2011) (ab)

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USDCSDNY

II

DOCl.JME!~T

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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CLARENCE WOOD,
a/k/a CLARENCE WADE,

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1/ I

ELECi'RO:N1CALLY -FI i .ED
DOC#:

DATE FILED:
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Petitioner,
08 Civ. 8377 (DAB)
ADOPTION OF REPORT
AND RECOMMENDATION

-againstJAMES CONWAY,
Respondent.

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DEBORAH A. BATTS, United States District Judge.
This matter is before the Court upon the May 12, 2010 Report
and Recommendation of United States Magistrate Judge James L.
Cott (the "Report").

The Report recommends that Petitioner

Wood's petition for a writ of habeas corpus pursuant 28 U.S.C §
2254 be DISMISSED.

(Report at 1, 14.)

"Within fourteen days after being served with a copy [of a
Magistrate Judge's Report and Recommendation], a party may serve
and file specific written objections to the proposed findings and
recommendations.
636(b) (1) (C).

II

Fed. R. Civ. P. 72(b) (2); accord 28 U.S.C.

The district court may adopt those portions of the

report to which no timely objection has been made, so long as
there is no clear error on the face of the record.

Wilds v.

united Parcel Serv., Inc., 262 F.Supp.2d 163, 169 (S.D.N.Y.
2003).

§

"[F]ailure to object timely to a magistrate's report

operates as a waiver of any further judicial review of the

j

magistrate/s decision.
604

(2d Cir. 2008)

(2d Cir. 1989)}.

1I

Caidor v. Onondaga County

(guoting Small v. Sec. of HHS

I

I

517 F.3d 601,

892 F.2d 151 16

This rule applies to pro se parties so long as

the magistrate/s report uexplicitly states that failure to object
to the report within [fourteen (14)] days will preclude appellate

review ... 11

Small l 892 F.2d at 16.

Despite being advised of the procedure for filing objections
in Judge Cott/s Report

I

and warned that failure to file

objections would waive objections and preclude appellate review

l

(Report at 14-15)1 Petitioner has filed no objections to the
Report.
Having reviewed the Reportl and finding no clear error on
the face of the record

l

see 28 U.S.C.

§

636 (b) (1) (B)

I

it is

hereby ORDERED AND ADJUDGED that the Report and Recommendation of
United States Magistrate Judge James L. Cott l dated May 121 2010 1
be and the same hereby is APPROVED

I

ADOPTED

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and RATIFIED by the

Court in its entirety.
Because Petitioner has not made a substantial showing of the
denial of a constitutional rightl a certificate of appealability
will not issue.
129 F.3d 255
to 28 U.S.C.

28 U.S.C.

§

2253; see United States v. Perez i

260 (2d Cir. 1997).

1

§

1915(a)

The Court certifies pursuant

(3) that any appeal from this order would

not be taken in good faith.

See Coppedge v. united States l 369

2

U.S. 438, 8 L. Ed. 2d 21, 82 S. Ct. 917

(1962).

The Clerk of the

Court is directed to CLOSE the docket in this case.
SO ORDERED.
Dated:

New York, New York

Deborah A. Batts
united States District Judge

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