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James v. Smith

United States District Court, Second Circuit

August 26, 2013

MICHAEL JAMES, Petitioner,
v.
BRANDON J. SMITH, Respondent.

RONALD R. BENJAMIN, ESQ., OFFICE OF RONALD R. BENJAMIN, Binghamton, New York, Attorney for Petitioner.

THOMAS B. LITSKY, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, New York, New York, Attorneys for Respondent.

ORDER

FREDERICK J. SCULLIN, Jr., Senior District Judge.

Currently before the Court is Magistrate Judge Baxter's August 1, 2013 Report-Recommendation in which he recommended that the Court dismiss Petitioner's petition for writ of habeas corpus and deny Petitioner a certificate of appealability. See Dkt. 10. The parties did not file any objections to these recommendations.

When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may accept, reject, or modify in whole or in part, the... recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Baxter's August 1, 2013 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's August 1, 2013 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Petitioner's petition is DENIED and DISMISSED in its entirety; and the Court further

ORDERS that a Certificate of Appealability shall not be issued because Petitioner has not "made a substantial showing of a denial of a constitutional right." 28 U.S.C. § 2253(c)(2); and the Court further

ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.


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