Galens v. Kaplan, No. 1:2015cv00037 - Document 16 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 15 . Petitioner's motion for habeas corpus relief 1 is denied. Because Petitioner has failed to make a substantial showing of a denial of a c onstitutional right, a certificate of appealability shall not issue. Finally, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal taken from this decision would not be taken in good faith. A copy of this Decision and Order has been mailed to Cynthia S. Galens, 10-G-0873, BEDFORD HILLS CORRECTIONAL FACILITY, 247 Harris Road, Bedford Hills, NY 10507-2400. SO ORDERED. Signed by Hon. Richard J. Arcara on 6/26/17. (LAS)-CLERK TO FOLLOW UP-
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Galens v. Kaplan Doc. 16 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK CYNTHIA S. GALENS, Petitioner, DECISION AND ORDER 15-CV-37A v. SABINA KAPLAN, SUPERINTENDENT, BEDFORD HILLS CORRECTIONAL FACILITY, Respondent. The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 15, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 15), recommending that Petitioner’s petition for a writ of habeas corpus relief (Dkt. No. 1) be denied. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge McCarthy’s Report and Recommendation, Petitioner’s motion for habeas corpus relief is denied. Further, because Petitioner has failed to make a substantial showing of a denial of a constitutional right, a certificate of appealability shall not issue. Finally, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal taken from this decision would not be taken in good faith. Dockets.Justia.com The Clerk of Court shall take all steps necessary to close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: June 26, 2017