Elder v. Gramham

Filing 25

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 24 . The petition for a writ of habeas corpus 1 pursuant to 28 U.S.C. 2254 and Petitioner's motion for a stay of the proceedings 23 are both denied. A Certificate of Appealability will not be issued based on Petitioner's failure to make a substantial showing of a denial of a constitutional right. Therefore, leave to appeal to the Court of Appeals as a poor person in denied. The C lerk of the Court shall take all steps necessary to close the case. A copy of this Decision and Order has been mailed to Tyrome Elder, 11-B-2094, AUBURN CORRECTIONAL FACILITY, Box 618, Auburn, NY 13021. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/24/17. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

TYROME ELDER,
Petitioner,
DECISION AND ORDER
15-CV-327A

v.
HAROLD GRAHAM,
Respondent.

The above-referenced case was referred to Magistrate Judge Jeremiah J.
McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 14, 2017, Magistrate Judge
McCarthy filed a Report and Recommendation (Dkt. No. 24), recommending that
Petitioner Tyrome Elder’s petition for habeas corpus relief (Dkt. No. 1) and his motion to
stay these proceedings (Dkt. No. 23) 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, the petition for
a writ of habeas corpus pursuant to 28 U.S.C. §2254 and Petitioner’s motion for a stay
of the proceedings are both denied. Because the Petitioner has failed to make a
substantial showing of a denial of a constitutional right, a Certificate of Appealability will
not be issued. Therefore, leave to appeal to the Court of Appeals as a poor person is
denied.

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: April 24, 2017