Hewitt v. Annucci et al
| Shakir Hewitt |
| Anthony J. Annucci and John T. Smith |
| 1:2013cv07505 |
| October 23, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Ulster |
| Paul E. Davison |
| Nelson Stephen Roman |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
31
OPINION & ORDER: OPINION & ORDER: For these reasons, the Court adopts Judge 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 t he case, mail a copy of this Order to Petitioner and show proof of service on the docket. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability 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, 259- 60 (2d Cir. 1997). 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 2/28/2019) (ks) Transmission to Orders and Judgments Clerk for processing.
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