Clarke v. Griffin
| Desroy Clarke |
| T. Griffin |
| 7:2013cv04812 |
| July 10, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Ulster |
| Nelson Stephen Roman |
| George A. Yanthis |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
66
CLERK'S JUDGMENT re: 65 Order Adopting Report and Recommendations in favor of T. Griffin against Desroy Clarke. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 28, 2020, Mag istrate Judge Judith C. McCarthy's R & R is adopted in its entirety. The petition for a writ of habeas corpus is therefore denied. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appe alability will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 225, 25960 (2d Cir. 1997). The Court certifies pursuant to 18 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/29/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.
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Filing
65
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 48 Report and Recommendations. The Court adopts Magistrate Judge Judith C. McCarthy's R & R in its entirety. The petition for a writ of habeas corpus is therefore denied. The Clerk of Court is directed to enter judgment accordingly, close the case, and send a copy of this Order to Petitioner at his last known address. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealabili ty will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 225, 25960 (2d Cir. 1 997). The Court certifies pursuant to 18 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED., (Signed by Judge Nelson Stephen Roman on 10/28/20) (yv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
29
OPINION AND ORDER re: 13 MOTION to Dismiss. filed by Desroy Clarke. For the foregoing reasons, the Court denies Petitioner's application for a stay and request to amend. The Clerk is respectfully requested to terminate the pending motion (Docket No. 13). (Signed by Magistrate Judge Judith C. McCarthy on 1/14/2016) (rj)
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| Petitioner: Desroy Clarke | |
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| Respondent: T. Griffin | |
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