Galens v. Kaplan

Filing 16

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 15 . Petitioner's motion for habeas corpus relief 1 is denied. Because Petitioner has failed to make a substantial showing of a denial of a c onstitutional right, a certificate of appealability shall not issue. Finally, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal taken from this decision would not be taken in good faith. A copy of this Decision and Order has been mailed to Cynthia S. Galens, 10-G-0873, BEDFORD HILLS CORRECTIONAL FACILITY, 247 Harris Road, Bedford Hills, NY 10507-2400. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/26/17. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

CYNTHIA S. GALENS,
Petitioner,
DECISION AND ORDER
15-CV-37A

v.
SABINA KAPLAN, SUPERINTENDENT,
BEDFORD HILLS CORRECTIONAL FACILITY,

Respondent.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 15, 2017, Magistrate Judge
McCarthy filed a Report and Recommendation (Dkt. No. 15), recommending that
Petitioner’s petition for a writ of habeas corpus relief (Dkt. No. 1) be denied.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge McCarthy’s Report and Recommendation, Petitioner’s
motion for habeas corpus relief is denied. Further, because Petitioner has failed to
make a substantial showing of a denial of a constitutional right, a certificate of
appealability shall not issue. Finally, the Court certifies, pursuant to 28 U.S.C. §
1915(a)(3), that any appeal taken from this decision would not be taken in good faith.

The Clerk of Court shall take all steps necessary to close the case.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: June 26, 2017