Washington v. Griffin

Filing 23

ORDER adopting 22 Report and Recommendations: It is hereby ORDERED that the Report & Recommendation is ADOPTED in full and the petition is DISMISSED in its entirety. It is further ORDERED that the Court declines to issue a certificate of appealabi lity pursuant to 28 U.S.C. § 2253(c)(1)(A), as Petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The Clerk of Court is respectfully directed to mail a copy of this Order to the Petitioner. (Signed by Judge Lorna G. Schofield on 1/17/2020) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
PHILLIP WASHINGTON,
:
Petitioner, :
:
-against:
:
THOMAS GRIFFIN, SUPERINTENDENT,
:
:
Respondent. :
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1/17/2020
17 Civ. 3849 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on May 16, 2017, Petitioner Washington field a pro se petition for habeas
relief. ECF No. 1. On September 29, 2017, Respondent filed a brief in opposition. ECF No. 10.
Pro se Petitioner filed a reply on November 3, 2017. ECF No. 13;
WHEREAS, on August 23, 2017, an Order was filed referring this matter for assignment
to a Magistrate Judge for Habeas Corpus. ECF No. 8;
WHEREAS, on December 23, 2019, Magistrate Judge Cave issued a Report &
Recommendation that the Petition should be dismissed in its entirety. ECF No. 22 at 32;
WHERAS, “[t]o accept the report and recommendation of a magistrate, to which no
timely objection has been made, a district court need only satisfy itself that there is no clear error
on the face of the record.” Trustees of Drywall Tapers and Pointers Local Union No. 1974
Benefit Fund v. Cite C Corp., 17 Civ. 9304, 2019 WL 1745743, at *1 (S.D.N.Y. Apr. 18, 2019)
(internal quotation omitted);
WHEREAS, the Report & Recommendation has been reviewed for clear error and there is
none. It is hereby
ORDERED that the Report & Recommendation is ADOPTED in full and the petition is
DISMISSED in its entirety. It is further

ORDERED that the Court declines to issue a certificate of appealability pursuant to 28
U.S.C. § 2253(c)(1)(A), as Petitioner has not “made a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2).
The Clerk of Court is respectfully directed to mail a copy of this Order to the Petitioner.

Dated: January 17, 2020
New York, New York

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