Madera v. Rabsatt

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION for 29 Report and Recommendations. Accordingly, the Court ADOPTS Judge Ellis' R&R in its entirety. It is ORDERED that the petition for a writ of habeas corpus is GRANTED. The Clerk of Court is direct ed to issue a writ of habeas corpus commanding Respondent to release and discharge Petitioner from custody forthwith, mail a copy of this order to Petitioner pro se, and close this case. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 12/4/2017) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FERNANDO MADERA,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: _12/4/2017____

Petitioner,
-against-

13 Civ. 8058 (AT) (RLE)

CALVIN O. RABSATT,
Respondent.

ORDER ADOPTING
REPORT AND
RECOMMENDATION

ANALISA TORRES, District Judge:
On October 29, 2013, Petitioner pro se, Fernando Madera, filed a petition for a writ of
habeas corpus in the United States District Court for the Northern District of New York. ECF
No. 1. Petitioner seeks to set aside his 2011 conviction in New York state court on the basis of
an allegedly flawed police line-up and the state court’s ruling on the admissibility of his criminal
record. By order dated November 1, 2013, the Honorable David N. Hurd transferred the case to
this Court. ECF No. 3. On January 29, 2014, the Court referred the case to the Honorable
Ronald L. Ellis. ECF Nos. 10, 27.
Before the Court is a Report and Recommendation (“R&R”) of Judge Ellis, which
proposes that Petitioner’s habeas corpus application be granted pursuant to 28 U.S.C. § 2254.
ECF No. 29. Despite notification of the right to object to the R&R, no objections were filed, and
the time to do so has passed. See R&R at 42; Fed. R. Civ. P. 72(b)(2). When no objection is
made, the Court reviews the R&R for clear error. Santiago v. Colvin, 12 Civ. 7052, 2014 WL
1092967, at *1 (S.D.N.Y. Mar. 17, 2014). In a well-reasoned decision, Judge Ellis found that the
sole evidence connecting Petitioner to the robbery, witness identification, was unreliable. The
Court finds no clear error. Accordingly, the Court ADOPTS Judge Ellis’ R&R in its entirety.
It is ORDERED that the petition for a writ of habeas corpus is GRANTED. The Clerk of
Court is directed to issue a writ of habeas corpus commanding Respondent to release and
discharge Petitioner from custody forthwith, mail a copy of this order to Petitioner pro se, and
close this case.
SO ORDERED.
Dated: December 4, 2017
New York, New York