ATES DIST O si CTS UNITED STATES DISTRICT COURT SS FILED COs WESTERN DISTRICT OF NEW YORK ~ ” JAN 18 2025 Lig eat YW, are. Lorwenguis.2 □□ DIAMOND LEWIS, STERN DISTRICT O Petitioner, v. 21-CV-1022 (JLS) (MJR) SUPERINTENDENT ECKERT, Respondent.

DECISION AND ORDER Petitioner Diamond Lewis commenced this action pursuant to

seeking a Writ of Habeas Corpus by a Person in State Custody. Dkt. 1. He alleges that, on October 28, 2016, he was convicted in Erie County Court of various offenses—including murder, attempted murder, criminal possession of a weapon, and assault—in violation of his constitutional rights. See

. Respondent filed an Answer and a memorandum in opposition. Dkt. 15, 16. Petitioner did not reply. This Court referred the case to United States Magistrate Judge Michael J. Roemer pursuant to

(b)(1)(B) and (C). See Dkt. 17. On December 2, 2024, Judge Roemer issued a Report and Recommendation (“R&R”) recommending that this Court deny the Petition in its entirety. See Dkt. 19 at 29. He further recommended that this Court deny a certificate of appealability because Petitioner “failed to make a substantial showing of a denial of a constitutional right.” Jd. Neither party filed objections, and the time to do so has expired.

A district court may accept, reject, or modify the findings or recommendations of a magistrate judge.

(b)(1); Fed. R. Civ. P. 72(b)(3). A district court must conduct a de novo review of those portions of a magistrate judge’s recommendation to which a party objects. See

(b)(1)(C); Fed. R. Civ. P. 72(b)(3). But neither

nor Federal Rule of Civil Procedure 72 requires a district court to review the recommendation of a magistrate judge to which no objections are raised. See Thomas v. Arn,

(1985). This Court carefully reviewed the R&R and the relevant record. Based on that review, the Court accepts and adopts Judge Roemer’s recommendation. Thus, for the reasons stated above and in the R&R, the relief sought in the Petition is DENIED and the Petition is DISMISSED. Further, because Petitioner failed to make a substantial showing of the denial of a constitutional right, see

(c)(2), the Court DENIES a certificate of appealability. The Clerk of Court shall close this case. SO ORDERED. Dated: January 13, 2025 Buffalo, New York / Ch. “ JOHN L. SINATRA IR. UNITED STATES DISTRICT JUDGE