PENA v. GRAHAM

SIDNEY STEIN, District Judge

In a Report and Recommendation dated December 3, 2009, Magistrate Judge Theodore H. Katz recommended that the petition for a writ of habeas corpus be denied and this action be dismissed. To date, no objections have been received from petitioner. Accordingly,

IT IS HEREBY ORDERED that:

1. Magistrate Judge Katz's "Report and Recommendation" is adopted;

2. The petition for a writ of habeas corpus is denied, and the action 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

4. Pursuant to 28 U.S.C. § 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith.

SO ORDERED.