Freeman v. Griffin

District Court, S.D. New York

Freeman v. Griffin

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

DAMON FREEMAN, Petitioner,

-versus- No. 16 Civ. 5419 (LAP) (BCM)

THOMAS GRIFFEN, ORDER

Respondent.

LORETTA A. PRESKA, SENIOR UNITED STATES DISTRICT JUDGE: On July 30, 2019, United States Magistrate Judge Barbara Moses issued a Report and Recommendation [dkt. no. 15] recommending that the Court deny Petitioner Damon Freeman’s petition [dkt. no. 1] for a writ of habeas corpus under

28 U.S.C. § 2254

. The parties were given fourteen days to file objections to the Report and Recommendation; no objections have been filed. When nobody objects to a Report and Recommendation, the “district court need only satisfy itself that there is no clear error on the face of the record.” Urena v. New York,

160 F. Supp. 2d 606, 609-10

(S.D.N.Y. 2001) (quoting Nelson v. Smith,

618 F. Supp. 1186, 1189

(S.D.N.Y. 1985)). The Court has reviewed the record and the Report and Recommendation for clear error and, finding none, hereby adopts Magistrate Moses’s Report and Recommendation in its entirety as the opinion of the Court. Mr. Freeman’s habeas corpus petition is therefore DENIED. Finding that Mr. Freeman has not demonstrated denial of a constitutional right, a certificate of appealability is DENIED. The Clerk of the Court is directed to mail a copy of this order to Mr. Freeman and to mark the action closed and all pending motions denied as moot.

SO ORDERED. Dated: March 23, 2020 New York, New York

LORETTA A. PRESKA Senior U.S. District Judge

Reference

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