UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------x HUMBERTO CRUZ, Petitioner, ORDER -against- 16-CV-8998 (CS) (JCM) THOMAS GRIFFIN, SUPERINTENDENT, GREEN HAVEN CORRECTIONAL FACILITY, Respondent. ----------------------------------------------------x Seibel, J. Before the Court is the Report and Recommendation (the “R&R”) of Magistrate Judge Judith McCarthy dated October 24, 2019. (Doc. 18.) Judge McCarthy recommends that Petitioner’s Petition for a Writ of Habeas Corpus under

, (Doc. 1), be denied. (R&R at 44.) A district court reviewing a magistrate judge’s R&R “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

(b) (1)(C). Parties may raise objections to the R & R, but they must be “specific” and “written,” and submitted “[w]ithin 14 days after being served with a copy of the recommended disposition.” Fed. R. Civ. P. 72(b)(2); see

(b)(1)(C). The district court may adopt those portions of the R & R to which no timely objections have been made, provided no clear error is apparent from the face of the record. See Lewis v. Zon,

(S.D.N.Y. 2008); Nelson v. Smith,

(S.D.N.Y. 1985); Fed. R. Civ. P. 72 advisory committee’s note. No objections to the R&R have been received. I have therefore reviewed it for clear error, and find no error, clear or otherwise. Accordingly, the R&R is hereby adopted as the decision of the Court. The Clerk of Court shall send a copy of this Order to Petitioner, and close the case. As Petitioner has not made a substantial showing that he was denied a constitutional right, a certificate of appealability will not issue. Dated: November 20, 2019 White Plains, New York

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