Ruiz v. Vance

District Court, S.D. New York

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. § 2254

is 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

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