Henareh v. USA

Filing 39

ORDER adopting 38 Report and Recommendations. On June 8, 2018, the Honorable Stewart D. Aaron, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter recommending the denial of petitioner's petition filed pursuant to 28 U.S.C. § 2255. Petitioner has failed to file any objection to the Report and Recommendation, and, for that reason alone, has waived any right to review by this Court. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985) ; Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons therein, dismisses the petition with prejudice. 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. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See 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. (Signed by Judge Jed S. Rakoff on 7/17/2018) (mro)

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CALIYFTLED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------- x
Siavosh Henareh,
Petitioner,

I

14-cv-07145 (JSR)
ll-cr-93(JSR)

-vORDER
United States of America,
Respondent.
------------------------------------- x

JED S. RAKOFF, U.S.D.J.
On June 8, 2018, the Honorable Stewart D. Aaron, United States
Magistrate Judge, issued a Report and Recommendation in the abovecaptioned matter recommending the denial of petitioner's petition filed
pursuant to 28 U.S.C.

2255.

§

Petitioner has failed to file any objection to the Report and
Recommendation, and,
review by this Court.

for that reason alone, has waived any right to
See Thomas v. Arn,

Mario v. P & C Food Markets,

474 U.S. 140, 147-48

(1985);

Inc., 313 F.3d 758, 766 (2d Cir. 2002);

Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162,
174

(2d Cir. 2000).

Accordingly, the Court hereby adopts the Report

and Recommendation, and, for the reasons therein, dismisses the
petition with prejudice.

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.

Moreover, the Court certifies that any appeal from this Order would not
be taken in good faith, as petitioner's claim lacks any arguable basis
in iaw or fact, and therefore permission to proceed in forma pauperis
is also denied.

See 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:

9JA.~u.s.n.J.

New York, New York
July
2018

fl,

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