Thomas v. Colvin

Thomas v. Colvin

Petitioner:	Roger Moore Thomas
Respondent:	John Colvin
Case Number:	1:2015cv00948
Filed:	February 4, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Oneida
Presiding Judge:	Loretta A. Preska
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 19, 2015	Filing 22 OPINION AND ORDER: No party has objected to the R&R. The Court has reviewed Judge Fox's thorough R&R and finds no error, clear or otherwise. Judge Fox reached his determination after a careful review of the parties' submissions. (Doc. 21at4 -11.) Accordingly, the Court ADOPTS Magistrate Judge Fox's R & R dated September 15, 2015 in its entirety and Thomas's petition for a writ of habeas corpus is DENIED. The Clerk of Court is directed to enter a judgment in favor of Respondent and to close this case. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 1 85 (2d Cir. 2012). In addition, the parties' failure to file written objections precludes appellate review of this decision. PSG Poker, LLC v. DeRosa-Grund, No. 06 CIV. 1104 (DLC), 2008 WL 3852051, at *3 (S.D.N.Y. Aug. 15, 2008) (citing United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)). (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 10/16/2015) (kko)
July 13, 2015	Filing 18 MEMORANDUM AND ORDER denying 13 Motion to Seal Document. The respondent's motion, Docket Entry No. 13, is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/13/2015) Copies Mailed By Chambers. (spo)

Date Filed

Document Text

October 19, 2015

Filing 22 OPINION AND ORDER: No party has objected to the R&R. The Court has reviewed Judge Fox's thorough R&R and finds no error, clear or otherwise. Judge Fox reached his determination after a careful review of the parties' submissions. (Doc. 21at4 -11.) Accordingly, the Court ADOPTS Magistrate Judge Fox's R & R dated September 15, 2015 in its entirety and Thomas's petition for a writ of habeas corpus is DENIED. The Clerk of Court is directed to enter a judgment in favor of Respondent and to close this case. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 1 85 (2d Cir. 2012). In addition, the parties' failure to file written objections precludes appellate review of this decision. PSG Poker, LLC v. DeRosa-Grund, No. 06 CIV. 1104 (DLC), 2008 WL 3852051, at *3 (S.D.N.Y. Aug. 15, 2008) (citing United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)). (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 10/16/2015) (kko)

July 13, 2015

Filing 18 MEMORANDUM AND ORDER denying 13 Motion to Seal Document. The respondent's motion, Docket Entry No. 13, is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/13/2015) Copies Mailed By Chambers. (spo)

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Petitioner: Roger Moore Thomas
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Respondent: John Colvin
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