United States District Court, N.D. New York
March 2, 2015
DONALD MACK DOVE, Petitioner,
WILLIAM LEE, Superintendent, Green Haven Correctional Facility, Respondent.
DONALD MACK DOVE Elmira, New York Petitioner pro se
ALYSON J. GILL, AAG, OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL, Albany, New York, Attorneys for Respondent.
FREDERICK J. SCULLIN, Jr., Senior District Judge.
On May 3, 2012, Petitioner filed his petition for a writ of habeas corpus, contending that he was (1) denied a preliminary hearing for his assault charge, thereby also having been denied a fair trial; (2) convicted by a prejudiced jury because it was aware of his confinement status; and (3) denied effective assistance of standby counsel. See Dkt. No. 1. In a Report-Recommendation and Order dated December 12, 2013, Magistrate Judge Hummel found that Petitioner's claims were barred from federal habeas review; and, therefore, he recommended that the Court deny Petitioner's petition and not issue a Certificate of Appealability with regard to any of Petitioner's claims. See Dkt. No. 29 at 12. Petitioner filed a conclusory objection to those recommendations, asserting that he was "object[ing] so that this Report Recommendation and Order c[ould] be reviewed by the Appellate." See Dkt. No. 30 at 1. He further requested that the Court issue a Certificate of Appealability. See id.
When the parties do not object to a magistrate judge's report-recommendation or when their objections are conclusory or general in nature, the court reviews the 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 Hummel's December 12, 2013 Report-Recommendation and Order for clear error and manifest injustice; and, having found none, the Court hereby
ORDERS that Magistrate Judge Hummel's December 12, 2013 Report-Recommendation and Order, see Dkt. No. 29, is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED in its entirety; and the Court further
ORDERS that no Certificate of Appealability will issue with respect to any of Petitioner's claims because Petitioner 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) (providing that "[a] certificate of appealability may issue... only if the applicant has made a substantial showing of the denial of a constitutional right"); 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.