Opinion
Civil Action No. 9:11-cv-972 (GLS/CFH)
04-16-2013
DELAMAR BROWN Petitioner, v. M. BRADT, Superintendent Defendant.
APPEARANCES: FOR THE PETITIONER: DELAMAR BROWN 06-B-2999 Petitioner Pro Se Green Haven Correctional Facility FOR THE RESPONDENT: HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York GARY L. SHARPE, CHIEF JUDGE OF COUNSEL: PAUL M. TARR, ESQ. Assistant Attorney General
APPEARANCES:
FOR THE PETITIONER:
DELAMAR BROWN
06-B-2999
Petitioner Pro Se
Green Haven Correctional Facility
FOR THE RESPONDENT:
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
GARY L. SHARPE,
CHIEF JUDGE
OF COUNSEL: PAUL M. TARR, ESQ.
Assistant Attorney General
ORDER
The above-captioned matter comes to this court following a Report- Recommendation by Magistrate Judge Christian F. Hummel, duly filed March 25, 2013. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge Christian F. Hummel filed March 25, 2013 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED, that Brown's petition for a writ of habeas corpus (Dkt. NO. 1) is DENIED, and it is further
ORDERED, that no certificate of appealability should be issued with respect to any of Brown's claims as Brown has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). See 28 U.S.C. §2253(c)(2) ("A certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right."); see also Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000).; and it is further
ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules. IT IS SO ORDERED. Dated: April 16, 2013
Albany, New York
______________
Gary L. Sharpe
Chief Judge
U.S. District Court