Opinion
10-CV-3956 (MKB)
12-26-2012
DOORGA OUTAR, Petitioner, v. SIBATU KHAHAIFA, Respondent.
MEMORDANDUM & ORDER
MARGO K.BRODIE, United States District Judge:
Petitioner Doorga Outar brings the above-captioned pro se petition pursuant to 28 U.S.C. § 2254, in which he alleges that he is being held in state custody in violation of his federal constitutional rights. Petitioner's claims arise from a judgment of conviction after a jury trial in New York Supreme Court, Queens County, for first- and second-degree burglary, first-degree unlawful imprisonment, first- and second-degree criminal contempt, aggravated criminal contempt, third-degree assault, fourth-degree criminal mischief, and resisting arrest in 2007.
Petitioner was found not guilty of forcible touching, third-degree sexual abuse, and second-degree menacing.
The Court referred Petitioner's claim to United States Magistrate Judge James Orenstein. By Report and Recommendation ("R&R") dated September 25, 2012, Magistrate Judge Orenstein recommended that the petition for writ of habeas corpus be denied. (Dkt No. 25.) No objections were filed.
A district court reviewing a magistrate judge's recommended ruling "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). "Failure to object to a magistrate judge's report and recommendation within the prescribed time limit 'may operate as a waiver of any further judicial review of the decision, as long as the parties receive clear notice of the consequences of their failure to object.'" Sepe v. New York State Ins. Fund, 466 F. App'x 49, 50 (2d Cir. 2012) (quoting United States v. Male Juvenile, 121 F.3d 34, 38(2d Cir.1997)).
This Court has reviewed the unopposed R&R, and, finding no clear error, the Court adopts Magistrate Judge Orenstein's R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). The petition for habeas corpus is denied and the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253. It is further certified pursuant to 28 U.S.C. § 1915(a) that any appeal would not be taken in good faith. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is directed to close the case.
SO ORDERED.
______________________
MARGO K.BRODIE
United States District Judge
Dated: December 21, 2012
Brooklyn, New York