UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JOHN APONTE, Petitioner, 9:20-cv-719 (GLS/TWD) v. J.E. HARPER Respondent. APPEARANCES: OF COUNSEL: FOR THE PETITIONER: John Aponte Pro Se 3 Purser Place Apt #1 Yonkers, NY 10705 FOR RESPONDENT: HON. LETITIA JAMES HANNAH S. LONG 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 Thérèse Wiley Dancks, duly filed April 11, 2022. (Dkt. No. 45.) 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, and the court having reviewed the R&R for clear error, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 45) is ADOPTED in its entirety; and it is further ORDERED that the amended petition (Dkt. No. 9) is DENIED and DISMISSED as moot; 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)'; and it is further ORDERED that the Clerk is directed to 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. May 2, 2022 Albany, New York ° “8, District Judge

' See Miller-EI 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”).