Watkins v. Colvin

Filing 71

ORDER adopting 70 Report and Recommendations. The Court has reviewed the record and the Report and Recommendation for clear error and, finding none, hereby adopts Magistrate Moses's Report and Recommendation in its entirety as the o pinion of the Court. Mr. Watkins's habeas corpus petition is therefore DENIED. Finding that Mr. Watkins has not demonstrated a denial of a constitutional right, a certificate of appealability is DENIED. The Clerk of the Court is directed to mail a copy of this order to Mr. Watkins and to mark the action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 3/23/2020) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DENNIS WATKINS,
Petitioner,
-versus-

No. 16 Civ. 4055 (LAP) (BCM)

JOHN C. COLVIN,

ORDER
Respondent.

LORETTA A. PRESKA, SENIOR UNITED STATES DISTRICT JUDGE:
On August 30, 2019, United States Magistrate Judge Barbara
Moses

issued

recommending

a

Report

that

the

and

Court

Recommendation
deny

Petitioner

[dkt.
Dennis

no.

70]

Watkins’s

petition [dkt. no. 25] for a writ of habeas corpus under 28
U.S.C. § 2254.

The parties were given fourteen days to file

objections to the Report and Recommendation; no objections have
been filed.

When nobody objects to a Report and Recommendation,

the “district court need only satisfy itself that there is no
clear error on the face of the record.”
F.

Supp.

2d

606,

609-10

(S.D.N.Y.

Urena v. New York, 160

2001)

(quoting

Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).

Nelson

v.

The Court has

reviewed the record and the Report and Recommendation for clear
error and, finding none, hereby adopts Magistrate Moses’s Report
and Recommendation in its entirety as the opinion of the Court.

Mr. Watkins’s habeas corpus petition is therefore DENIED.
Finding that Mr. Watkins has not demonstrated a denial of a
constitutional right, a certificate of appealability is DENIED.
The Clerk of the Court is directed to mail a copy of this order
to Mr. Watkins and to mark the action closed and all pending
motions denied as moot.

SO ORDERED.
Dated:

March 23, 2020
New York, New York

_____________________________
LORETTA A. PRESKA
Senior U.S. District Judge