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Salierno v. Artus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 2, 2010

RALPH SALIERNO, PETITIONER,
v.
DALE ARTUS, RESPONDENT.

The opinion of the court was delivered by: Seybert, District Judge

MEMORANDUM & ORDER

Pending before the Court is Ralph Salierno's Petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. The Court referred this matter to Hon. E. Thomas Boyle, U.S.M.J., for a Report and Recommendation ("R&R"). On January 26, 2010, Judge Boyle issued his R&R, recommending that Mr. Salierno's Petition be denied. Mr. Salierno has not filed any objections to Judge Boyle's R&R.

This Court has reviewed the R&R and is satisfied that there is no clear error on the face of the record.

Consequently, the Court ADOPTS it in its entirety. See Howithi v. Travis, 06-CV-3162, 2010 U.S. Dist. LEXIS 40082 (S.D.N.Y. Apr. 22, 2010) (when a habeas petitioner fails to object to an R&R recommending that the petition be dismissed, the Court applies a clear error standard); Green v. Artus, 05-CV-3425, 2006 U.S. Dist. LEXIS 48772 (E.D.N.Y. July 18, 2006) (same). Consequently, Mr. Salierno's Petition is DENIED. Because Mr. Salierno has not made a substantial showing of the denial of a Constitutional right, a Certificate of Appealability is also DENIED. The Clerk of the Court is directed to mark this matter as CLOSED.

SO ORDERED

Joanna Seybert, U.S.D.J.

20100702

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