Suero v. Noeth

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JONATHAN SUERO, Petitioner, ORDER – against – 19 Civ. 3752 (ER) (SDA) SUPERINTENDENT JOSEPH NOETH, Respondent.

RAMOS, D.J.: On April 26, 2019, Jonathan Suero, pro se, petitioned for a writ of habeas corpus under 28 U.S.C. § 2254. Doc. 2. On September 10, 2019, the State of New York opposed. Doc. 13. On June 19, 2020, Magistrate Judge Stewart D. Aaron issued a Report and Recommendation (“R&R”) recommending denial of Suero’s petition. Doc. 26. �ough the R&R notified the parties that they had fourteen days to file objections and that failure to do so “will result in a waiver of objections and will preclude appellate review[,]” Suero did not file any objections. Id. at 30. On July 13, 2020, the Court adopted Magistrate Judge’s Aaron’s R&R in its entirety. On August 24, 2020, Suero filed a notice of appeal. The Court declines to issue a certificate of appealability in this case because Suero has not made a substantial showing of the denial of a federal right. Love v. McCray, 413 F.3d 192, 195 (2d Cir.2005). Any appeal would not be taken in good faith and therefore in forma pauperis status is denied. Coppedge v. United States, 369 U.S. 438, 445 (1962). In addition, where a petitioner has not filed any objections to an R&R, that petitioner waives his right to appeal. Caidor v. Onondaga Cnty., 517 F.3d 601, 604 (2d Cir. 2008).

It is SO ORDERED. Dated: September 22, 2020 ; ) + New York, New York et cece EDGARDO RAMos, U.S.D.J.

Copies Mailed to Plaintiff Chambers of Edgardo Ramos