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Butler v. Heath

United States District Court, S.D. New York

May 22, 2015

DENARD BUTLER, Petitioner,
v.
PHILIP HEATH, Superintendent, Sing Sing Correctional Facility, Respondent.

Denard Butler, Sing Sing Correctional Facility, Ossining, NY, Petitioner (Pro Se).

Lisa E. Fleischmann, New York State Office of the Attorney General, New York, NY, for Respondent.

ORDER

SHIRA A. SCHEINDLIN, District Judge.

I have reviewed the Report and Recommendation ("R&R") of United States Magistrate Judge Debra Freeman, dated February 18, 2015, which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Denard Butler pursuant to 28 U.S.C. ยง 2241. Although petitioner was given the opportunity to file objections to the R&R by April 19, 2015, he failed to do so. Based on my independent review, I hereby adopt the thorough and thoughtful R&R in full.

In accordance with the R&R, the instant habeas petition is dismissed with prejudice. Because petitioner's failure to file objections precludes appellate review, this Court will not issue a certificate of appealability. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992) ("We have adopted the rule that failure to object timely to a report waives any further judicial review of the report."). The Clerk of the Court is directed to dismiss the instant petition and close this case.

SO ORDERED.


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