UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x

JOHN THOMAS,

Petitioner,

-v- No. 17 CV 910-LTS-SLC

THE PEOPLE OF THE STATE OF NEW YORK,

Respondent.

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ORDER ADOPTING REPORT & RECOMMENDATION

The Court has reviewed Magistrate Judge Cave’s October 23, 2019, Report and Recommendation (the "Report") (docket entry no. 18) which recommends that the Petition be dismissed in its entirety. No objections to the Report have been received. In reviewing a report and recommendation, a district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate [judge].”

(b)(1)(C) (LexisNexis 2017). “In a case such as this one, where 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.” Johnson v. New York University School of Education, No. 00 Civ. 8117, at *1,

(S.D.N.Y. June 16, 2003). The Court has reviewed carefully Magistrate Judge Cave’s thorough and well- reasoned Report and Recommendation and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Accordingly, the petition is denied. The Court adopts Judge Cave’s conclusion that because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability should not be issued. See

; Middleton v. Attorneys General of States of N.Y. & Pennsylvania,

(2d Cir. 2005) (per curiam). This Order resolves docket entry

no. 1. The Clerk of Court is requested to enter judgment accordingly.

SO ORDERED.

Dated: New York, New York March 30, 2020

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN United States District Judge

Mail to: John Thomas 11-A-4408 Mid-State Correctional Facility P.O. Box 2500 Marcy, NY 13403