USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED anne ccc □□□□□□□□□□□□□□□□□□□□□□□ XH DOC #: > || DATE FILED:_1/17/2020 _ PHILLIP WASHINGTON, : Petitioner, : : 17 Civ. 3849 (LGS) -against- : : ORDER THOMAS GRIFFIN, SUPERINTENDENT, : Respondent. :

LORNA G. SCHOFIELD, District Judge: WHEREAS, on May 16, 2017, Petitioner Washington field a pro se petition for habeas relief. ECF No. 1. On September 29, 2017, Respondent filed a brief in opposition. ECF No. 10. Pro se Petitioner filed a reply on November 3, 2017. ECF No. 13; WHEREAS, on August 23, 2017, an Order was filed referring this matter for assignment to a Magistrate Judge for Habeas Corpus. ECF No. 8; WHEREAS, on December 23, 2019, Magistrate Judge Cave issued a Report & Recommendation that the Petition should be dismissed in its entirety. ECF No. 22 at 32; WHERAS, “[t]o accept the report and recommendation of a magistrate, 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.” Trustees of Drywall Tapers and Pointers Local Union No. 1974 Benefit Fund v. Cite C Corp., 17 Civ. 9304,

, at *1 (S.D.N.Y. Apr. 18, 2019) (internal quotation omitted); WHEREAS, the Report & Recommendation has been reviewed for clear error and there is none. It is hereby ORDERED that the Report & Recommendation is ADOPTED in full and the petition is DISMISSED in its entirety. It is further

ORDERED that the Court declines to issue a certificate of appealability pursuant to

(c)(1)(A), as Petitioner has not “made a substantial showing of the denial of a constitutional right.”

(c)(2). The Clerk of Court is respectfully directed to mail a copy of this Order to the Petitioner.

Dated: January 17, 2020 New York, New York

LORNA G. Scienab UNITED STATES DISTRICT JUDGE