Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Abreu v. Lempke

United States District Court, Second Circuit

July 10, 2013

CARLOS ABREU, Petitioner,
v.
JOHN LEMPKE, Superintendent, Respondent.

ORDER

LAWRENCE E. KAHN, District Judge.

This matter comes before the Court following a Report-Recommendation filed on January 23, 2013, by the Honorable Christian F. Hummel, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Dkt. No. 26 ("Report-Recommendation").

Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations." FED. R. CIV. P. 72(b); see also L.R. 72.1(c). "If no objections are filed... reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer , 414 F.Supp.2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash , 328 F.3d 98, 107 (2d Cir. 2003) ("As a rule, a party's failure to object to any purported error or omission in a magistrate judge's report waives further judicial review of the point."); Farid v. Bouey , 554 F.Supp.2d 301, 306 (N.D.N.Y. 2008).

The Court has granted Petitioner three substantial extensions of the time period for filing objections to the Report-Recommendation. See Text Order dated March 28, 2013; Dkt. Nos. 30; 32.[1] Petitioner has still not filed any objections. After a thorough review of the Report-Recommendation and the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice.

Accordingly, it is hereby:

ORDERED, that the Report-Recommendation (Dkt. No. 26) is APPROVED and ADOPTED in its entirety; and it is further

ORDERED, that the Amended Petition (Dkt. No. 8) for a writ of habeas corpus is DENIED and DISMISSED; and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order on the parties in accordance with the Local Rules; and it is further

ORDERED, that no certificate of appealability shall be issued in this case because Petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2).[2]

IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.