Hamilton v. Superintendent, Eastern NY. Correctional Facility, No. 1:2011cv01332 - Document 24 (S.D.N.Y. 2017)

Court Description: MEMORANDUM OPINION AND ORDER adopting 19 REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus: For the foregoing reasons, the Court adopts the Report and Recommendation in its entirety, and Petitioner's motion to correct, vaca te, and/or set aside his sentence pursuant to Title 28, United States Code, Section 2255 is denied. The Court declines to issue a Certificate of Appealablity because Petitioner has "not made a substantial showing of the denial of a constitutiona l right," 28 U.S.C. § 2253 (c) (2), and because Petitioner has failed to identify a claim that jurists of reason would find debatable as to whether Petitioner was denied such a right. See Slack, 529 U.S. at 478. (Signed by Judge Loretta A. Preska on 5/9/2017) (jwh)