Colbert v. Schneiderman

Colbert v. Schneiderman

Petitioner:	Donald Colbert
Respondent:	Eric Schneiderman
Case Number:	1:2015cv05961
Filed:	July 30, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Valerie E. Caproni
Presiding Judge:	Sarah Netburn
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 23, 2016	Filing 20 ORDER. For the reasons set forth above, the R&R is affirmed, and the Petition is denied. Because Petitioner filed no written objections to the R&R and because the R&R expressly warned that the failure to file timely objections may result in the waive r of any such objections, appellate review of this decision is precluded. See Fed. R. Civ. P. 72; Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008). As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Lozada v. United States, 107 F.3d 1011, 1014 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-260 (2d Cir. 1997). The Court certifies purs uant to 28 U.S.C. § 1915(a)(3) that any appeal from this ruling would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of the Court is respectfully requested to mail a copy of this Order to Petitioner and to note service on the docket. The Clerk of the Court is further requested to close the case. So ordered. Re 17 Report and Recommendation. (Signed by Judge Valerie E. Caproni on 8/23/2016) (rjm)

Date Filed

Document Text

August 23, 2016

Filing 20 ORDER. For the reasons set forth above, the R&R is affirmed, and the Petition is denied. Because Petitioner filed no written objections to the R&R and because the R&R expressly warned that the failure to file timely objections may result in the waive r of any such objections, appellate review of this decision is precluded. See Fed. R. Civ. P. 72; Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008). As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Lozada v. United States, 107 F.3d 1011, 1014 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-260 (2d Cir. 1997). The Court certifies purs uant to 28 U.S.C. § 1915(a)(3) that any appeal from this ruling would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of the Court is respectfully requested to mail a copy of this Order to Petitioner and to note service on the docket. The Clerk of the Court is further requested to close the case. So ordered. Re 17 Report and Recommendation. (Signed by Judge Valerie E. Caproni on 8/23/2016) (rjm)

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Petitioner: Donald Colbert
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Respondent: Eric Schneiderman
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