USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED JOSEPH MULLADY, DOC DATE FILED: _2/28/2024 __ Petitioner, -against- 21 Civ. 6108 (AT) (JW) NEW YORK STATE DEPARTMENT OF ORDER CORRECTIONS & COMMUNITY SUPERVISION, Respondent. ANALISA TORRES, District Judge: Before the Court is the Report and Recommendation (“R&R”), ECF No. 40, from the Honorable Jennifer E. Willis, recommending that the petition for a writ of habeas corpus be denied in its entirety and that the case be dismissed. On July 15, 2021, Petitioner pro se, Joseph Mullady, filed an application under

. ECF No. 1. Petitioner alleged that Respondent violated his constitutional rights by holding his fourth and fifth parole reconsideration interviews late in violation of New York Executive Law § 259-i(2)(a). See id. Petitioner also argued, in his reply brief, that his 1988 sentence was grossly disproportionate to his crime, amounting to cruel and unusual punishment. ECF No. 28 at 13-14; see R&R at 1. After careful consideration, Judge Willis issued the R&R, proposing that the Court deny the petition for a writ of habeas corpus. See R&R at 17. Despite notification of the right to object to the R&R, no objections were filed, and the time to do so has passed. /d.; ECF No. 53; 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,

, at *1 (S.D.N.Y. May 1, 2019) (collecting cases). The Court finds no clear error. Accordingly, the Court ADOPTS Judge Willis’s R&R in its entirety. Petitioner’s application for relief under

is DENIED. The Clerk of Court is directed to terminate all pending motions, enter judgment consistent with this order and the R&R, and close the case. SO ORDERED. Dated: February 28, 2024 New York, New York _ ANALISA TORRES United States District Judge