Wallace v. LaClair
O'Neil Wallace |
Superintendent Darwin LaClair |
1:2012cv02117 |
April 27, 2012 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Carol Bagley Amon |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 20 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: No party has objected to the R&R, and the time for doing so has passed. When decidingwhether to adopt an R&R, a district court "may accept, reject, or modify, in whole or in part, the f indings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). To accept those portions of the R&R to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal quotation marks omitted). The Court has reviewed the record and finds no clear error in Magistrate Judge Pohorelsky's recommen dation that Wallace's habeas petition and motion for an evidentiary hearing be denied.' Since Wallace has failed to make a "substantial showing of the denial of a constitutional right," a Certificate of Appealability shall not issue. 28 U.S.C. § 2253(c). The Clerk of the Court is directed to enter judgment and to close the case. Ordered by Chief Judge Carol Bagley Amon on 4/14/2014. (fwd for judgment) (Fernandez, Erica) |
Filing 14 MEMORANDUM & ORDER: For the reasons set forth herein, the Court concludes that "the interests of justice" do not require the appointment of counsel in this case. The legal issues implicated by petitioner's claims, while import ant, are not so complex as to require appointment of counsel. Accordingly, at this time, petitioner's motion for appointment of counsel is denied without prejudice. SO ORDERED by Chief Judge Carol Bagley Amon, on 9/10/2012. C/mailed to pro se Petitioner. (Latka-Mucha, Wieslawa) |
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Petitioner: O'Neil Wallace | |
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Respondent: Superintendent Darwin LaClair | |
Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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