Mitchell v. USA

Filing 12

ORDER for 11 Report and Recommendation: The Court hereby adopts the Report, and, for the reasons stated therein, dismisses the complaint, with prejudice. Clerk to enter judgment. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Court also certifies that any appeal from this Order would not be taken in good faith, as petitioner's claims lack any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is denied. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/15/2011) (ab)

USDCSDl\ry

DOCUMENT

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------------x

JASON MITCHELL,

ELECTRONICALLY .FI.I:~J
DOC#:
DATE FI.::-LE=-D-:~y,.,.._-1-7-,/j=
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Petitioner,

10 Civ. 5570 (JSR)
-v-

ORDER
THE UNITED STATES OF AMERICA,
Respondent.

------------------------------------X
JED S. RAKOFF, U.S.D.J.
On July 15, 2011, the Honorable Kevin N. Fox, United States
Magistrate Judge, issued a Report and Recommendation ("Report") in
the above-captioned matter recommending that the Court deny
petitioner Jason Mitchell's petition for a writ of habeas pursuant to
28 U.S.C.

§

2255.

None of the parties has filed any objection to the

Report, and, for that reason alone, the parties have waived any right
to further appellate review.

See Thomas v. Arn, 474 U.S. 140, 147-48

(1985); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis,
Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010).
Accordingly, the Court hereby adopts the Report, and, for the reasons
stated therein, dismisses the complaint, with prejudice.

Clerk to

enter judgment.
In addition, because petitioner has not made a substantial
showing of the denial of a constitutional right, a certificate of
appealability will not issue.

See 28 U.S.C.

§

2253.

The Court also

certifies that any appeal from this Order would not be taken in good
faith, as petitioner's claims lack any arguable basis in law or fact,

and therefore permission to proceed in forma pauperis is denied.
28 U.S.C.

§

1915(a) (3); see also Seimon v. Emigrant Savs. Bank {In re

Seimon), 421 F.3d 167, 169 (2d Cir. 2005).

Clerk to enter judgment.

SO ORDERED.

Dated:

See

New York NY
August {?, 2011

~.D.J.

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