From Casetext: Smarter Legal Research

BREWER v. LAPE

United States District Court, S.D. New York
Sep 13, 2010
06 Civ. 10209 (SHS) (MHD) (S.D.N.Y. Sep. 13, 2010)

Opinion

06 Civ. 10209 (SHS) (MHD).

September 13, 2010


ORDER


In a Report and Recommendation dated June 11, 2010, Magistrate Judge Michael H. Dolinger recommended that the petition for a writ of habeas corpus be denied and the petition be dismissed. To date, no objections have been received from petitioner. Accordingly, after a de novo review of the June 11, 2010 Report and Recommendation,

IT IS HEREBY ORDERED that:

1. Magistrate Judge Dolinger's "Report and Recommendation" is adopted;

2. The petition for a writ of habeas corpus is denied, and the petition is dismissed;

3. 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 also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007); and

5. Pursuant to 28 U.S.C. § 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith.

Dated: New York, New York

September 13, 2010

SO ORDERED:


Summaries of

BREWER v. LAPE

United States District Court, S.D. New York
Sep 13, 2010
06 Civ. 10209 (SHS) (MHD) (S.D.N.Y. Sep. 13, 2010)
Case details for

BREWER v. LAPE

Case Details

Full title:ERIC BREWER, Petitioner, v. WILLIAM LAPE, Superintendent, Marcy…

Court:United States District Court, S.D. New York

Date published: Sep 13, 2010

Citations

06 Civ. 10209 (SHS) (MHD) (S.D.N.Y. Sep. 13, 2010)

Citing Cases

Simpson v. Melecio

See generally, Pet. and Trav. Petitioner cannot merely make “conclusory allegations regarding [counsel's]…