Romero v. Crowley
Romero v. Crowley
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------- X : CARLOS ROMERO, : Petitioner, : MEMORANDUM DECISION - against - : AND ORDER KAREN CROWLEY, : 17-CV-3298 (AMD) (LB) : Respondent. --------------------------------------------------------------- X: : ANN M. DONNELLY, United States District Judge: : On May 30, 2017, the pro se petitioner, currently detained at the Orleans Correctional : Facility, brought this petition for a writ of habeas corpu:s pursuant to
28 U.S.C. § 2254. (ECF No. 1.) I referred the petition to United States Magistra:te Judge Lois Bloom. On April 22, 2020, : Judge Bloom recommended that I deny the petition, withhold a certificate of appealability and : certify pursuant to
28 U.S.C. § 1915(a) that any appeal from this judgment would not be taken in good faith. (ECF No. 7.) No objections have been filed to the report and recommendation, and the time for doing so has passed. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1). To accept those portions of the report and recommendation to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the record.” Jarvis v.N. Am. Globex Fund L.P.,
823 F. Supp. 2d 161, 163(E.D.N.Y. 2011) (internal quotation omitted). I have reviewed Judge Bloom’s thoughtful and comprehensive report and recommendation, and find no error. Accordingly, I adopt the report and recommendation in its entirety. The petition for a writ of habeas corpus is denied in its entirety and the case is dismissed. A certificate of appealability will not be issued. See
28 U.S.C. § 2253(c). The Court certifies pursuant to
28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and in forma pauperis status is therefore denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444-45(1962).
SO ORDERED.
s/Ann M. Donnelly ___________________________ Ann M. Donnelly United States District Judge Dated: Brooklyn, New York May 22, 2020
Reference
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