Vasquez v. Morton

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations,,,, Petitioner Joan Vasquez brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that he received ineffective assistance of cou nsel in the trial leading up to his conviction. After reviewing the parties' submissions and the record, Magistrate Judge Robert W. Lehrburger issued a Report and Recommendation advising that Vasquez's claims were procedurally barre d and meritless and that the petition should be denied. (Dkt. No. 15.) No party objected to the Report. The Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b), Advisory Committee's Notes (1983); see also Borcsok v. Early , 299 F. Appx 76, 77 (2d Cir. 2008). Magistrate Judge Lehrburgers thorough and well-reasoned Report presents no clear errors and is fully adopted by this Court. Vasquez's petition is denied. The Clerk of Court is directed to close this case. The Clerk is also directed to mail a copy of this order to the petitioner. So Ordered. (Signed by Judge J. Paul Oetken on 5/27/2021) (js) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOAN VASQUEZ, Petitioner, -v- ROBERT MORTON, Respondent. 18-CV-5502 (JPO) ORDER ADOPTING REPORT AND RECOMMENDATION J. PAUL OETKEN, District Judge: Petitioner Joan Vasquez brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that he received ineffective assistance of counsel in the trial leading up to his conviction. After reviewing the parties’ submissions and the record, Magistrate Judge Robert W. Lehrburger issued a Report and Recommendation advising that Vasquez’s claims were procedurally barred and meritless and that the petition should be denied. (Dkt. No. 15.) No party objected to the Report. The Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b), Advisory Committee’s Notes (1983); see also Borcsok v. Early, 299 F. App’x 76, 77 (2d Cir. 2008). Magistrate Judge Lehrburger’s thorough and well-reasoned Report presents no clear errors and is fully adopted by this Court. Vasquez’s petition is denied. The Clerk of Court is directed to close this case. The Clerk is also directed to mail a copy of this order to the petitioner. SO ORDERED. Dated: May 27, 2021 New York, New York ____________________________________ J. PAUL OETKEN United States District Judge

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