Thomas v. Colvin, No. 1:2015cv00948 - Document 22 (S.D.N.Y. 2015)

Court Description: OPINION AND ORDER: No party has objected to the R&R. The Court has reviewed Judge Fox's thorough R&R and finds no error, clear or otherwise. Judge Fox reached his determination after a careful review of the parties' submissions. (Doc. 21at4 -11.) Accordingly, the Court ADOPTS Magistrate Judge Fox's R & R dated September 15, 2015 in its entirety and Thomas's petition for a writ of habeas corpus is DENIED. The Clerk of Court is directed to enter a judgment in favor of Respondent and to close this case. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 1 85 (2d Cir. 2012). In addition, the parties' failure to file written objections precludes appellate review of this decision. PSG Poker, LLC v. DeRosa-Grund, No. 06 CIV. 1104 (DLC), 2008 WL 3852051, at *3 (S.D.N.Y. Aug. 15, 2008) (citing United States v. Male Juvenile, 121 F.3d 34, 38 (2d Cir. 1997)). (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 10/16/2015) (kko)