Stone v. Annucci

Opinion

DOCUMENT ELECTRONICALLY FILED | HLMOC #: UNITED STATES DISTRICT COURT i aA aT en □□ SOUTHERN DISTRICT OF NEW YORK i DATE FILED: [ ‘¢ wo | coon eee eee ee ene een XK cae LSU SOLUS ae no JOHN STONE, Petitioner, 17 CIVIL 8741 (VEC) -against- JUDGMENT THOMAS GRIFFIN, Superintendent, Respondent. ee eee K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 5, 2020, with no clear error in any of Judge Parker's analysis or conclusions, the R&R is adopted in full. Because the R&R gave the parties adequate warning, see R&R at 25, Stone's failure to file any objections to the R&R precludes appellate review of this decision. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Order would not be taken in good faith, and, therefore, permission to proceed in formapauperis for purposes of appeal is denied; accordingly, the case is closed. Dated: New York, New York November 6, 2020

RUBY J. KRAJICK Clerk of Court OA □□ NANGO Deputy Clerk