Ruiz v. Vance
Ruiz v. Vance
Trial Court Opinion
USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED CARLOS RUIZ, DOC DATE FILED: _ 12/13/2023 Petitioner, -against- 19 Civ. 3188 (AT) (KHP) Cyrus Vance, ORDER Respondent. ANALISA TORRES, District Judge: Before the Court is the Report and Recommendation (“R&R”), ECF No. 71, from the Honorable Katharine H. Parker, recommending that the petition for a writ of habeas corpus be denied in its entirety and that the case be dismissed. On April 10, 2019, Petitioner pro se, Carlos Ruiz, filed an application under
28 U.S.C. § 2254, challenging his New York state court conviction for criminal sale of a controlled substance in the first degree, criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree. ECF 1-1 9/5. Petitioner filed an amended petition on October 18, 2022. ECF No. 67. After careful consideration, Judge Parker issued the R&R, proposing that the Court deny the petition for a writ of habeas corpus. See R&R at 26. Despite notification of the nght to object to the R&R, no objections were filed, and the time to do so has passed. /d. at 28; see Fed. R. Civ. P. 72(b)(2). When no objection is made, the Court reviews the R&R for clear error. See Whitley v. Bowden, No. 17 Civ. 3564,
2019 WL 1953941, at *1 (S.D.N.Y. May 1, 2019) (collecting cases). The Court finds no clear error. Accordingly, the Court ADOPTS Judge Parker’s R&R in its entirety. Petitioner’s application for relief under
28 U.S.C. § 2254is DENIED. The Clerk of Court is directed to enter judgment consistent with this order and the R&R. SO ORDERED. On Dated: December 13, 2023 —— New York, New York ANALISA TORRES United States District Judge
Reference
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