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Lima v. Phillips

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 19, 2005

EINSTEIN LIMA, PETITIONER,
v.
WILLIAM PHILLIPS, SUPERINTENDENT OF GREEN HAVEN CORRECTIONAL FACILITY, RESPONDENT.

The opinion of the court was delivered by: Gershon, United States District Judge

ORDER

The court has reviewed the report and recommendation of Magistrate Judge Matsumoto dated November 3, 2005, as well as the petitioner's objections. Judge Matsumoto's report and recommendation is thorough and correctly analyzes the law and the facts. The objections are without merit. Accordingly, Judge Matsumoto's report and recommendation is adopted in its entirety.

Petitioner's application for a writ of habeas corpus is denied. Since petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability is denied pursuant to 28 U.S.C. § 2253(c). Moreover, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that in forma pauperis status is denied for the purpose of an appeal. The Clerk of Court is directed to close this case.

SO ORDERED.

NINA GERSHON United States District Judge

20051219

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