From Casetext: Smarter Legal Research

Williams v. LaClair

United States District Court, S.D. New York
Jan 12, 2010
08 Civ. 11354 (SAS) (JCF) (S.D.N.Y. Jan. 12, 2010)

Summary

adopting Report & Recommendation of Francis, M.J.

Summary of this case from Ely v. Lempke

Opinion

08 Civ. 11354 (SAS) (JCF).

January 12, 2010

Petitioner (Pro Se): Jamar Williams, # 06-A-0924, Wyoming Correctional Facility, Attica, NY.

For Respondent: Paul B. Lyons, Assistant Attorney General, New York State Office of the Attorney General, New York, NY.


ORDER


I have reviewed the Report and Recommendation ("R R") of United States Magistrate Judge James C. Francis, IV, dated December 16, 2009 (Document # 16), which recommends that I deny the petition for writ of habeas corpus brought by pro se petitioner Jamar Williams under 28 U.S.C. § 2254. Although petitioner was given the opportunity to file objections to the R R, see R R at 18, he has failed to do so. Based on my independent review, I hereby adopt the thorough and thoughtful R R in full.

In accordance with the R R, the instant habeas petition is dismissed with prejudice. Because petitioner's failure to file objections precludes appellate review, this Court will not issue a certificate of appealability. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992) ("We have adopted the rule that failure to object timely to a report waives any further judicial review of the report."). The Clerk of the Court is directed to dismiss the instant petition and close this case.

SO ORDERED:


Summaries of

Williams v. LaClair

United States District Court, S.D. New York
Jan 12, 2010
08 Civ. 11354 (SAS) (JCF) (S.D.N.Y. Jan. 12, 2010)

adopting Report & Recommendation of Francis, M.J.

Summary of this case from Ely v. Lempke
Case details for

Williams v. LaClair

Case Details

Full title:JAMAR WILLIAMS, Petitioner, v. D. LaCLAIR, Superintendent, Franklin…

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

Date published: Jan 12, 2010

Citations

08 Civ. 11354 (SAS) (JCF) (S.D.N.Y. Jan. 12, 2010)

Citing Cases

Webb v. Laclair

See Faria v. Perez, No. 04-CV-2411 (RRM), 2012 WL 3800826 at *12 (E.D.N, Y. Sept. 2, 2012) ("[T]o the extent…

GONZALEZ v. APE

See Davis, 547 U.S. at 827 ("[e]licited [911] statements" are not testimonial when "necessary to be able to…