United States District Court, N.D. New York
May 18, 2015
RANDY RODRIGUEZ, Petitioner,
ROLAND LARKIN, Superintendent, Eastern Correctional Facility, Respondent.
RANDY RODRIGUEZ Clinton Correctional Facility Dannemora, NY, Petitioner, pro se.
PRISCILLA I. STEWARD, ESQ., Assistant Attorney General, HON. ERIC T. SCHNEIDERMAN, New York State Attorney General, The Capitol Albany, New York, Counsel for Respondent.
NORMAN A. MORDUE, Senior District Judge.
The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 24th day of April 2015. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
1. The Report-Recommendation is hereby adopted in its entirety.
2. The petition in this matter is denied and dismissed in all respects. Petitioner has failed to make a substantial showing of a denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2); accordingly, no certificate of appealability shall issue.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.