Opinion
98 Civ. 7964 (LTS)(DFE)
May 15, 2002
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION
On August 3, 2001, Magistrate Judge Douglas F. Eaton issued a Report and Recommendation ("Report") recommending that petitioner Todd Williams' ("Petitioner") petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be denied. None of the parties has filed objections to the Report.
In reviewing the Report and Recommendation, the Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C.A. § 636(b)(1)(C) (West 2002). "To accept the report and recommendation of a magistrate to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the record." Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N Y 1985) (citations omitted). See also Pizarro v. Bartlet, 776 F. Supp. 815, 817 (S.D.N.Y. 1991) (court may accept report if it is "not facially erroneous"). The Court is required to make a de novo determination as to the aspects of the Report to which objections are made. See id.; United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997).
The Court has thoroughly reviewed Magistrate Judge Eaton's comprehensive and well-reasoned Report and has determined that there is no clear error on the face of the record. The Court adopts the Report for the reasons stated therein. Accordingly, the petition for writ of habeas corpus is denied.
Magistrate Judge Eaton's Report follows.
SO ORDERED.