Griffin v. Kaplan, No. 9:2014cv00024 - Document 37 (N.D.N.Y 2017)

Court Description: DECISION AND ORDER: ORDERED that 28 Report and Recommendation is adopted in whole. ORDERED that the amended petition for a writ of habeas corpus is DENIED and DISMISSED in all respects on the grounds that it is time-barred; and the Clerk is directed to close the file. Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Signed by Judge David N. Hurd on 3/29/17. {order served via regular mail on petitioner}(nas)
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Griffin v. Kaplan Doc. 37 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MANDI GRIFFIN, also known as MANDI T. GRIFFIN, Petitioner, -v- 9:14-CV-0024 (DNH/TWD) SABRINA KAPLAN, Respondent. -------------------------------APPEARANCES: OF COUNSEL: MANDI GRIFFIN Petitioner, Pro Se 06-G-0281 Bedford Hills Correctional Facility 247 Harris Road Bedford Hills, New York 10507 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Respondent 120 Broadway New York, New York 10271 LISA E. FLEISCHMANN, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se petitioner Mandi Griffin, also known as Mandi T. Griffin, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed an amended petition on March 17, 2014. See ECF No. 7. On January 27, 2017, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised, by Report-Recommendation, that the petition be Dockets.Justia.com denied. Petitioner timely filed objections to the Report-Recommendation and Respondent has filed a letter requesting that the Report-Recommendation be adopted. See ECF Nos. 33 & 34. Based upon a de novo review of the portions of the Report-Recommendation to which petitioner and respondent objected, the Report-Recommendation is adopted in whole. See 28 U.S.C. § 636(b)(1); Rule 10, Rules Governing Section 2254 Cases. Therefore, it is ORDERED that 1. The amended petition for a writ of habeas corpus is DENIED and DISMISSED in all respects on the grounds that it is time-barred; and 2. The Clerk is directed to close the file. Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. IT IS SO ORDERED. Dated: March 29, 2017 Utica, New York. -2-