Butler v. Heath

Filing 24

ORDER for 22 Report and Recommendations. I have reviewed the Report and Recommendation ("R&R") of United States Magistrate Judge Debra Freeman, dated February 18, 2015, which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Denard Butler pursuant to 28 U.S.C. § 2241. Although petitioner was given the opportunity to file objections to the R&R by April 19, 2015, he failed to do so. Based on my independent review, I hereby adopt the thoro ugh and thoughtful R&R in full. In accordance with the R&R, the instant habeas petition is dismissed with prejudice. Because petitioner's failure to file objections precludes appellate review, this Court will not issue a certificate of appealabi lity. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992) ("We have adopted the rule that failure to object timely to a report waives any further judicial review of the report."). The Clerk of the Court is directed to dismiss the instant petition and close this case. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/22/2015) (ajs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DENARD BUTLER,

DOC#:
DATE FILED:
ORDER

Petitioner,
12 Civ. 3327 (SAS) (DF)
-againstPHILIP HEATH, Superintendent, Sing Sing
Correctional Facility,
Respondent.

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SHIRA A. SCHEINDLIN, U.S.D.J.:

I have reviewed the Report and Recommendation ("R&R") of United
States Magistrate Judge Debra Freeman, dated February 18, 2015, which
recommends that I deny the petition for writ of habeas corpus brought by pro se
petitioner Denard Butler pursuant to 28 U.S.C. § 2241. Although petitioner was
given the opportunity to file objections to the R&R by April 19, 2015, he failed to
do so. Based on my independent review, I hereby adopt the thorough and
thoughtful R&R in full.
In accordance with the R&R, the instant habeas petition is dismissed
with prejudice. Because petitioner's failure to file objections precludes appellate
review, this Court will not issue a certificate of appealability. See Thomas v. Arn,

("We have adopted the rule that failure to object timely to a report waives any

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FILED

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474 U.S. 140, 155 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992)

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further judicial review of the report."). The Clerk of the Court is directed to
dismiss the instant petition and close this case.

SO ORDERED:

Dated:

New York, New York
May 22, 2015

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- Appearances -

Petitioner (Pro Se):
Denard Butler
09-A-3804
Sing Sing Correctional Facility
354 Hunter Street
Ossining, NY 10562

For Respondent:
Lisa E. Fleischmann
New York State Office of the Attorney General
120 Broadway
New York, NY 10271
[phone]

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