Williams v. Chappius

Filing 39

OPINION & ORDER adopting Report and Recommendation for 38 Report and Recommendations. Careful review of Judge Netburn's thorough and well-reasoned Report reveals that there is no facial error in its conclusions. Accordingly, the Court adopt s the Report, which is incorporated by reference herein, without modification. The Court therefore denies the petition for habeas corpus. The Court respectfully directs the Clerk of Court to terminate the motions pending at Dkts. 16 and 36, and to cl ose this case. The parties' failure to file written objections, as noted in the Report, precludes appellate review of this decision. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008);Small v. Sec'y of Health & Human Servs., 8 92 F.2d 15, 16 (2d Cir. 1989) (per curiam). The Court therefore declines to issue a certificate of appealability and certifies that any appeal from this order would not be taken in good faith; therefore, in forma pauper is status is denied for the pu rpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Court directs the Clerk to mail a copy of this decision to petitioner at the address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/25/2019) (anc) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.