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Kimble v. McGinnis

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


August 18, 2009

JOSEPH KIMBLE, PETITIONER,
v.
MICHAEL MCGINNIS, SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY, RESPONDENT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

The above-referenced case was referred to Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. § 636(b)(1)(B). On June 18, 2009, Magistrate Judge Bianchini filed a Report and Recommendation, recommending that the petition for a writ of habeas corpus filed by petitioner 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 Bianchini's Report and Recommendation, the petition for a writ of habeas corpus is denied.

Furthermore, the Court finds that petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2) ("A certificate of appealability may issue... only if the applicant has made a substantial showing of the denial of a constitutional right."); see also Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). Therefore, the Court finds that no certificate of appealability should issue with respect to any of petitioner's claims.

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

SO ORDERED.

20090818

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