Alfonso v. Mantuscello

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION for 14 Report and Recommendations 11 Motion to Dismiss filed by Daniel Mantuscello: The Court has carefully reviewed the thorough and well-reasoned R&R and finds that there is no clear error of law. Ac cordingly, the Court adopts the R&R in its entirety. The petition for a writ of habeas corpus is denied, and the Clerk of the Court is directed to close the case. Because Petitioner has not made a substantial showing of the denial of a federal right, the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253. Furthermore, Petitioner has waived his right to appeal because he has not filed any objections to the R&R. (R&R at 8). The Clerk's Office is directed to mail a c opy of this Order to Petitioner at his last known address: Jonathan Alfonso, #13A3003, Eastern C.F., P.O. Box 338, Napanoch, New York, New York 12458, and note service on the docket. (Signed by Judge Loretta A. Preska on 6/5/2017) (jwh) Modified on 6/5/2017 (jwh).