Miller v. Pallito
Filing
17
ORDER ADOPTING 13 REPORT AND RECOMMENDATION ; granting 5 Motion to Dismiss and dismissing 4 Petition for Writ of Habeas Corpus. A certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. It is certified that any appeal of this matter would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge William K. Sessions III on 3/21/2014. (law)
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Timothy P. Miller,
Petitioner,
:
:
:
: File No. 2:13 CV 211
:
:
:
v.
Andrew Pallito,
Respondent.
ORDER
The Report and Recommendation of the United States
Magistrate Judge was filed January 21, 2014.
Petitioner’s
objection were filed on February 20, 2014.
A district judge must make a de novo determination of
those portions of a magistrate judge's report and recommendation
to which an objection is made.
Fed. R. Civ. P. 72(b); 28 U.S.C.
§ 636(b) (1); Perez-Rubio v. Wyckoff, 718 F.Supp. 217, 227
(S.D.N.Y. 1989).
The district judge may "accept, reject, or
modify, in whole or in part, the magistrate's proposed findings
and recommendations."
Id.
After careful review of the file, the Magistrate Judge's
Report and Recommendation and the objections, this
Court ADOPTS the Magistrate Judge's recommendations in full.
The respondent’s motion to dismiss (Doc. 5) is GRANTED and
petitioner’s petition for writ of habeas corpus (Doc. 4) is
DISMISSED.
Pursuant to Fed. R. App. P. 22(b), a certificate of
1
appealability is DENIED because the petitioner has failed to
make a substantial showing of denial of a federal right.
Furthermore, the petitioner’s grounds for relief do not present
issues which are debatable among jurists of reasons, which could
have
been
resolved
proceedings.
differently,
or
which
deserve
further
See e.g., Flieger v. Delo, 16 F.3rd 878, 882-83
(8th Cir.) cert. denied, 513 U.S. 946 (1994); Sawyer v. Collins,
986 F.2d 1493, 1497 (5th cir.), cert. denied, 508 U.S. 933
(1993).
Furthermore, it is certified that any appeal of this matter
would not be taken in good faith, pursuant to
28 U.S.C. §
1915(a)(3).
THIS CASE IS DISMISSED.
Dated at Burlington, in the District of Vermont, this 21st
day of March, 2014.
/s/ William K. Sessions III
William K. Sessions III
U.S. District Court
2
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