Rolle v. Graham - Document 15

USDCSDNl' DOCUMENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC·:,______~~--_,_11 ----------------------------------------X DATE FILED: Tyrone Rolle, ELECTRONICALLl' FILED 0 • DEC 201t Petitioner, 10 Civ. 5258 (KBF) -v- Mr. Harold Graham, MEMORANDUM OPINION AND ORDER Respondent. x KATHERINE B. FORREST, District Judge: Pro se plaintiff Tyrone Rolle filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 on July 9, 2010. On July 19, 2010, the Court ordered the respondent to answer the petition and referred the action to Magistrate Judge Ronald L. Ellis for the preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636(b}. On January 31, 2011 Judge Ellis issued his Report and Recommendation to this Court. DISCUSSION In reviewing a Report and Recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." U.S.C. § 636(b) (I) (C). 28 When specific objections are made, "[tJhe district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P. 72(b} (3); United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997). To accept those portions of the report to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record. D King v. Greiner, No. 02 Civ. 5810 (DLC), 2009 WL 2001439, at *4 (S.D.N.Y. July 8, 2009) (citation omitted)i see also Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003). CONCLUSION Careful review of the Report reveals that there is no facial error in its conclusions. is denied. The petition for habeas corpus The parties' failure to file written objections precludes appellate review of this decision. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008). The Clerk of Court is directed to enter Judgment dismissing this action. SO ORDERED: Dated: New York, New York December 6, 2011 KATHERINE B. FORREST United States District Judge