Opinion
10 Civ. 998 (SHS).
December 22, 2010
ORDER
In a Report and Recommendation dated November 16, 2010, Magistrate Judge James L. Cott recommended that the petition for a writ of habeas corpus be dismissed as time-barred. Objections to the Report and Recommendation were due on December 3, 2010. To date, no objections have been received from petitioner. Accordingly, after a de novo review of the November 16, 2010 Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Magistrate Judge Cott's "Report and Recommendation" is adopted;
2. The petition for a writ of habeas corpus is denied, and the petition is dismissed;
3. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007); and
5. Pursuant to 28 U.S.C. § 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith.
Dated: New York, New York
December 22, 2010
SO ORDERED: