Rolle v. Graham - Document 15
MEMORANDUM OPINION AND ORDER: Careful review of the Report reveals that there is no facial error in its conclusions. The petition for habeas corpus is denied. 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. (Signed by Judge Katherine B. Forrest on 12/6/2011) (cd)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
0 • DEC 201t
10 Civ. 5258 (KBF)
Mr. Harold Graham,
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,
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.
On January 31,
2011 Judge Ellis issued his Report and Recommendation to this
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."
636(b) (I) (C).
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
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)
omitted)i see also Wilds v. United Parcel Serv., 262 F. Supp. 2d
163, 169 (S.D.N.Y. 2003).
Careful review of the Report reveals that there is no
facial error in its conclusions.
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
New York, New York
December 6, 2011
KATHERINE B. FORREST
United States District Judge