Rutigliano v. LaManna
Rutigliano v. LaManna
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DANIELLE RUTIGLIANO, 9:19-cv-745 Petitioner, (GLS/ML) v. A. LaMANNA, Respondent. ________________________________ APPEARANCES: OF COUNSEL: FOR THE PETITIONER: Danielle Rutigliano Pro Se 16-G-0414 Bedford Hills Correctional Facility 247 Harris Road Bedford Hills, NY 10507 FOR THE RESPONDENT: HON. LETITIA JAMES MICHELLE ELAINE MAEROV New York Attorney General Assistant Attorney General 28 Liberty Street New York, NY 10005 Gary L. Sharpe Senior District Judge ORDER On August 29, 2022, the court ordered petitioner to notify the court of her current address and/or verify that her mailing address is as listed in the caption of this Order, and file any objections to Magistrate Judge Mirsolav Lovric’s Report-Recommendation (R&R) by September 12, 2022 . (Dkt. No. 23.) The court warned petitioner that her failure to comply with the
August 29, 2022 Decision and Order would result in dismissal, and a copy of the Order was sent to petitioner’s last known address. (Id.) Petitioner has failed to so notify the court of her current address and did not object to
R&R. Having review the R&R for clear error and finding none, see Almonte v. N.Y. State Div. of Parole, No. Civ. 904CV484,
2006 WL 149049, at *5-*6 (N.D.N.Y. Jan. 18, 2006), it is adopted in its entirety. Moreover, dismissal
is warranted, consistent with the August 29, 2022 Decision and Order, for petitioner’s failure to notify the court of her change of address, prosecute, and comply with that Decision and Order.
Accordingly, it is hereby ORDERED that the Report-Recommendation (Dkt. No. 21) 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 2 constitutional right” as required by
28 U.S.C. § 2253(c)(2); and it is further ORDERED that the Clerk close this case; and it is further ORDERED that the Clerk serve this Order on petitioner at her last known address and on all other parties in accordance with the Local Rules of Practice. September 19, 2022 | Albany, New York STisinct Judge
Reference
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