Fagan v. Superintendent

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED KEITH FAGAN, DOC fe DATE FILED: _ 5/17/2022 Petitioner, -against- 20 Civ. 7389 (AT) (SN) SUPERINTENDENT, EASTERN NY ORDER CORRECTIONAL FACILITY, Respondent.

ANALISA TORRES, District Judge: Having received no objections! to the Report & Recommendation (the “R&R”), ECF No. 17, of the Honorable Sarah Netburn, the Court reviewed the R&R for clear error, and found none.

Santiago v. Colvin, 12 Civ. 7052, 2014 WL 1092967, at *1 (S.D.N.Y. Mar. 17, 2014).

The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED. Because Petitioner makes no substantial showing of a denial of a constitutional right, no certificate of appealability shall be issued.

See 28 U.S.C. § 2253. In addition, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and, therefore, in forma pauperis status should be denied for the purpose of any appeal.

The Clerk of Court is directed to mail a copy of this order to Petitioner pro se and close the case.

SO ORDERED.

Dated: May 17, 2022 New York, New York ANALISA TORRES United States District Judge Although the Court received a “response” to the R&R from Respondent, see ECF No. 18, this response merely encourages the Court to adopt the R&R, and the Court, accordingly, does not construe it to be an “objection.”