UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ LEWIS SWIFT, Petitioner, 9:18-CV-1204 v. (GTS/TWD) SUPERINTENDENT, Respondent. _____________________________________________ APPEARANCES: LEWIS SWIFT, 15-B-0607 Petitioner, Pro Se Marcy Correctional Facility P.O. Box 3600 Marcy, New York 13403 HON. LETITIA A. JAMES PAUL B. LYONS, ESQ. Attorney General for the State of New York Assistant Attorney General Counsel for Respondent 28 Liberty Street New York, New York 10005 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Lewis Swift (“Petitioner”) filed his petition for a writ of habeas corpus pursuant to

on October 9, 2018. (Dkt. No. 1.) By Report-Recommendation dated February 17, 2022, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that the Petition be denied and dismissed, and that no certificate of appealability be issued. (Dkt. No. 25.) Petitioner has not filed an objection to the Report-Recommendation, and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant papers herein, including Magistrate Judge Dancks’ thorough Report-Recommendation, the Court can find no clear-error in the Report- Recommendation.’ Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein, Petitioner’s Petition is denied and dismissed, and no certificate of appealability shall be issued. ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 25) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Petitioner’s Petition for a Writ of Habeas Corpus (Dkt. No. 1) is DENIED and DISMISSED. The Court declines to issue a certificate of appealability. Dated: March 17, 2022 Syracuse, New York

Hon. Glenn T. Suddaby Chief U.S. District Judg

! When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a “clear error” review, “the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Id.; see also Batista v. Walker, 94-CV-2826,

, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“Iam permitted to adopt those sections of [a magistrate judge’s] report to which no specific objection is made, so long as those sections are not facially erroneous.”) (internal quotation marks omitted).