Swift v. Superintendent, No. 9:2018cv01204 - Document 26 (N.D.N.Y 2022)
Court Description: DECISION AND ORDER that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 25 ) is ACCEPTED and ADOPTED in its entirety. Petitioner's Petition for a Writ of Habeas Corpus (Dkt. No. 1 ) is DENIED and DISMISSED. The Court declines to issue a certificate of appealability. Signed by Chief Judge Glenn T. Suddaby on 3/17/2022. (Copy served upon petitioner via regular mail) (sal)
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Swift v. Superintendent Doc. 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ LEWIS SWIFT, Petitioner, 9:18-CV-1204 (GTS/TWD) v. SUPERINTENDENT, Respondent. _____________________________________________ APPEARANCES: LEWIS SWIFT, 15-B-0607 Petitioner, Pro Se Marcy Correctional Facility P.O. Box 3600 Marcy, New York 13403 HON. LETITIA A. JAMES Attorney General for the State of New York Counsel for Respondent 28 Liberty Street New York, New York 10005 PAUL B. LYONS, ESQ. Assistant Attorney General GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Lewis Swift (“Petitioner”) filed his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on October 9, 2018. (Dkt. No. 1.) By Report-Recommendation dated February 17, 2022, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that the Petition be denied and dismissed, and that no certificate of appealability be issued. (Dkt. No. 25.) Petitioner has not filed an objection to the Report-Recommendation, and the time in which to do so has expired. (See generally Docket Sheet.) Dockets.Justia.com After carefully reviewing the relevant papers herein, including Magistrate Judge Dancks’ thorough Report-Recommendation, the Court can find no clear-error in the ReportRecommendation.1 Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein, Petitioner’s Petition is denied and dismissed, and no certificate of appealability shall be issued. ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 25) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Petitioner’s Petition for a Writ of Habeas Corpus (Dkt. No. 1) is DENIED and DISMISSED. The Court declines to issue a certificate of appealability. Dated: March 17, 2022 Syracuse, New York 1 When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a “clear error” review, “the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which no specific objection is made, so long as those sections are not facially erroneous.”) (internal quotation marks omitted). 2
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