Opinion
03-CV-2077 (SJ).
March 28, 2007
KEVIN FORD, #96A7194, Sing Sing Correctional Facility, Ossining, NY, Petitioner, Pro Se.
RICHARD A. BROWN, District Attorney, Queens County, Kew Gardens, New York, By: John M. Castellano, Esq., Johnnette Traill, Esq., Attorneys for Respondent.
MEMORANDUM AND ORDER
Petitioner Kevin Ford ("Petitioner"), appearing pro se, brings this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This Court referred the matter to Magistrate Judge Ramon E. Reyes, Jr., for a Report and Recommendation ("Report"). Judge Reyes filed the Report on August 31, 2006, and provided the parties with the requisite amount of time to file any objections. Petitioner was granted an extension of time to file his objections to the Report, and timely filed his objections on December 20, 2006. For the reasons stated herein, this Court affirms and adopts the Report in its entirety.
A district court judge may designate a magistrate to hear and determine certain motions pending before the court and to submit to the court proposed findings of fact and recommendations as to the disposition of the motion. See 28 U.S.C. § 636(b)(1). Within ten days of service of the recommendation, any party may file written objections to the magistrate's report. See id. Upon de novo review of those portions of the record to which objections were made, the district court judge may accept, reject, or modify the recommendations made by the magistrate. See id. The court, however, is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate as to those portions of the report and recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985).
In this case, Judge Reyes made the following recommendations in his Report: (1) that Petitioner's motion to amend his habeas corpus petition be granted in part; (2) that the petition be denied in its entirety; and (3) that a certificate of appealability should not issue. After reviewing Petitioner's objections to the Report, and after reviewing de novo those portions of the record to which the objections were made, the Court concludes that Petitioner has not raised any new arguments that would convince this Court to reject Judge Reyes' well-reasoned recommendations. Accordingly, the Court affirms and adopts Judge Reyes' Report in its entirety.
The Clerk of the Court is directed to close the case.
SO ORDERED.