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Delamar Brown v. M. Bradt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 16, 2013

DELAMAR BROWN PETITIONER,
v.
M. BRADT, SUPERINTENDENT DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe, Chief Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Christian F. Hummel, duly filed March 25, 2013. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge Christian F. Hummel filed March 25, 2013 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that Brown's petition for a writ of habeas corpus (Dkt. NO. 1) is DENIED, and it is further

ORDERED, that no certificate of appealability should be issued with

respect to any of Brown's claims as Brown has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). See 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).; and it is further

ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules.

IT IS SO ORDERED.

20130416

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