McCALL v. ARTUS

SHIRA SCHEINDLIN, District Judge

I have reviewed the Report and Recommendation ("R R") of United States Magistrate Judge Debra Freeman, dated August 19, 2008 (Document #9), which recommends that the habeas petition brought by McCall under 28 U.S.C. § 2254 be denied. Although petitioner was given the opportunity to file objections to the R R, he failed to do so. Based on my review, I hereby adopt the thorough and thoughtful R R in full.

In accordance with the R R, the instant habeas petition is dismissed with prejudice. Because petitioner's failure to file objections precludes appellate review, this Court will not issue a certificate of appealability. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992) ("We have adopted the rule that failure to object timely to a report waives any further judicial review of the report."). The Clerk of the Court is directed to close this case.

SO ORDERED: