Robinson v. Superintendent, Green Haven Correctional Facility

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------X John Robinson,

Petitioner, ORDER 21-CV-07218 (DG) (LB) -against-

Superintendent, Green Haven Correctional Facility,

Respondent. -----------------------------------------------------------------X DIANE GUJARATI, United States District Judge: Petitioner John Robinson, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S. C. § 2254, challenging his 2019 conviction in New York Supreme Court, Kings County of burglary in the second degree. See Petition, ECF No. 1. Respondent opposed the Petition. See ECF No. 7. On April 2, 2024, the undersigned referred the Petition to Chief Magistrate Judge Lois Bloom for a report and recommendation. See April 2, 2024 Order. On October 21, 2024, Judge Bloom issued a Report & Recommendation (the “R&R”) recommending that the Petition be denied. See generally R&R, ECF No. 8 (addressing, inter alia, each of the three grounds raised by Petitioner in the Petition).1 No objection to the R&R has been filed and the time for filing objections has passed. See generally docket. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). “Where no objection to a Report and Recommendation has been timely made, the district court need only satisfy itself

1 Judge Bloom also recommended that no certificate of appealability issue and that the Court certify that any appeal would not be taken in good faith. See R&R at 15-16. that there is no clear error on the face of the record.” May v. Levy, 659 F. Supp. 3d 323, 332 (E.D.N.Y. 2023) (quotation omitted). Upon clear error review, the Court adopts the R&R’s recommendations that the Petition be denied; that no certificate of appealability issue; and that the Court certify that any appeal

would not be taken in good faith. * * * The Petition, ECF No. 1, is DENIED. The Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2). Petitioner, however, has a right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. See 28 U.S.C. § 2253(c). 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 denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment, close this case, and mail a copy of this

Order to Petitioner. SO ORDERED. /s/ Diane Gujarati __ DIANE GUJARATI United States District Judge

Dated: December 2, 2024 Brooklyn, New York