Opinion
06 Civ. 10201 (SHS).
April 10, 2008
ORDER
In a Report and Recommendation dated January 16, 2008, Magistrate Judge Douglas F. Eaton recommended that this petition for a writ of habeas corpus be denied. Afer a de novo review of Magistrate Judge Gorenstein's Report and Recommendation dated January 16, 2008, and petitioner's objections received by this Court on February 26, 2008,
IT IS HEREBY ORDERED that:
1. Magistrate Judge Eaton's "Report and Recommendation" is adopted;
2. The petition pursuant to 28 U.S.C. § 2254 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 (as amended by the AEDPA);Middleton v. Attorneys Gen. of New York and Pennsylvania, 396 F.3d 207 (2d Cir. 2005) (per curiam); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 111-13 (2d Cir. 2000); Soto v. United States, 185 F.3d 48, 51-53 (2d Cir. 1997); United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997), cert. denied, 525 U.S. 953 (1998); and
4. Pursuant to 28 U.S.C. § 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith.
SO ORDERED: