Jones v. Awopetu, No. 9:2019cv00633 - Document 17 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER: ORDERED that 16 Report and Recommendation is accepted and adopted for the reasons stated therein. ORDERED that the Petition for a writ of habeas corpus (Dkt. No. 1) is DENIED and DISMISSED. ORDERED that no Certificate of A ppealability ("COA") shall issue because Petitioner has failed to make "a substantial showing of the denial of a constitutional right"as required by 28 U.S.C. § 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Senior Judge Thomas J. McAvoy on May 17, 2022. {order served via regular mail on petitioner}(nas, )

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Jones v. Awopetu Doc. 17 Case 9:19-cv-00633-TJM-DJS Document 17 Filed 05/17/22 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ ROBERT A. JONES, Petitioner, v. 9:19-CV-633 (TJM/DJS) AKINYEMI AWOPETU, Superintendent of Livingston Correctional Facility, Respondent. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER This petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was referred to the Hon. Daniel J. Stewart, United States Magistrate Judge, for a ReportRecommendation pursuant to 28 U.S.C. § 636(b) and N.D.N.Y.72.3(c). In his ReportRecommendation and Order, Judge Stewart recommends finding that the Petition is barred by the statute of limitations and therefore be denied and dismissed. See Rep.-Rec. & Ord., Dkt. No. 16. He also recommends that no Certificate of Appealability (“COA”) be issued. See id. Petitioner Robert A. Jones did not file objections to Judge Stewart’s recommendations, and the time to do so has expired. After examining the record, this Court has determined that the ReportRecommendation and Order is not subject to attack f or plain error or manifest injustice. Accordingly, the Court ACCEPTS and ADOPTS the Report-Recommendation and 1 Dockets.Justia.com Case 9:19-cv-00633-TJM-DJS Document 17 Filed 05/17/22 Page 2 of 2 Order (Dkt. No. 16) for the reasons stated therein. It is therefore ORDERED that the Petition for a writ of habeas corpus (Dkt. No. 1) is DENIED and DISMISSED, and it is further ORDERED that no Certificate of Appealability (“COA”) shall issue because Petitioner has failed to make “a substantial showing of the denial of a constitutional right” as required by 28 U.S.C. § 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). IT IS SO ORDERED. Dated: May 17, 2022 2

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