Davis v. Perez

Davis v. Perez

Plaintiff:	Kent Davis
Defendant:	Ada Perez
Case Number:	1:2013cv04950
Filed:	July 16, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Ronald L. Ellis
Presiding Judge:	Paul G. Gardephe
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
April 11, 2018	Filing 23 ORDER: for 17 Report and Recommendations. For the reasons stated above, this Court adopts Magistrate Judge Ellis's R&R in its entirety and denies Petitioner's petition for a writ of habeas corpus. Because Petitioner has not made a sub stantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. § 2253. This Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good f aith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a non-frivolous issue). The Clerk of Court is directed to (1) terminate any outstanding motions and close this case; and (2) mail a copy of this order to pro se Petitioner Kent Davis, and as further set forth in this order. (Signed by Judge Paul G. Gardephe on 4/11/2018) (ap)

Date Filed

Document Text

April 11, 2018

Filing 23 ORDER: for 17 Report and Recommendations. For the reasons stated above, this Court adopts Magistrate Judge Ellis's R&R in its entirety and denies Petitioner's petition for a writ of habeas corpus. Because Petitioner has not made a sub stantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. § 2253. This Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good f aith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a non-frivolous issue). The Clerk of Court is directed to (1) terminate any outstanding motions and close this case; and (2) mail a copy of this order to pro se Petitioner Kent Davis, and as further set forth in this order. (Signed by Judge Paul G. Gardephe on 4/11/2018) (ap)

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Plaintiff: Kent Davis
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Defendant: Ada Perez
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