UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DONALD E. GLASS, Petitioner, 9:18-cv-517 (GLS/DJS) v. SUPERINTENDENT, Respondent. APPEARANCES: OF COUNSEL: FOR THE PETITIONER: DONALD E. GLASS Pro Se 15-A-0494 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582 FOR RESPONDENT: HON. LETITIA JAMES JAMES FOSTER GIBBONS New York State Attorney General Assistant Attorney General 28 Liberty Street New York, NY 10005 Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following a Report- Recommendation and Order (R&R) by Magistrate Judge Daniel J. Stewart, duly filed July 30, 2021. (Dkt. No. 30.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed,1 and the court having reviewed the R&R for clear error, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 30) is ADOPTED in its entirety; and it is further

ORDERED that the petition (Dkt. No. 1) is DENIED and DISMISSED; and it is further ORDERED that no certificate of appealability shall issue because petitioner has failed to make a “substantial showing of the denial of a

constitutional right” as required by

(c)(2)2; and it is further ORDERED that the Clerk close this case; and it is further ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice.

IT IS SO ORDERED.

1 On August 11, 2021 and August 12, 2021, plaintiff filed letters that do not raise any objections to the R&R. 2 See Miller-El v. Cockrell,

(2003); see also Richardson v. Greene,

(2d Cir. 2007) (holding that, if the court denies a habeas petition on procedural grounds, “the certificate of appealability must show that jurists of reason would find debatable two issues: (1) that the district court was correct in its procedural ruling, and (2) that the applicant has established a valid constitutional violation”). 2 August 31, 2021 \ Albany, New York Ce te ‘SDisticf Judge