Slater v. United States America
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|Date Filed||#||Document Text|
|August 8, 2016
ORDER: Adopting REPORT AND RECOMMENDATIONS for 22 Report and Recommendations. Accordingly, the Court dismisses the petition, with prejudice. In addition, because petitioner has not made a substantial showing of the denial of a constitutional righ t, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal by petitioner from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or f act, and therefore permission to proceed in forma pauperis is denied. See 28 U.S.C. § 1915(a) (3); see also In re Seimon, 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is hereby directed to close the motion at document number 1153 on the criminal docket of this case, U.S. v. Slater, 04-cr-48-36 (JSR), and to enter judgment on the civil docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/05/2016) (ama)
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