Smith v. Department of Correctional Services of N.Y. State et al
| Charles J Smith |
| Department of Corrections and Community Supervision and Department of Correctional Services of N.Y. State |
| 1:2013cv07595 |
| October 28, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Chemung |
| Loretta A. Preska |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
37
MEMORANDUM OPINION AND ORDER re: 27 MOTION to Dismiss Petition for Habeas Corpus filed by Paul Chappius, 20 MOTION for Discovery filed by Charles J Smith, 19 MOTION for Preliminary Injunction filed by Charles J Smith : For the foregoing reasons, Respondent's motion to dismiss is GRANTED, and the petition is dismissed as untimely. Petitioner's motions for discovery and an order of injunction are thus denied as moot. (Docket Nos. 19-20). 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); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, thi s Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate Docket Nos. 19, 20, and 27, to close the case, and to mail a copy of this Memorandum Opinion and Order to Petitioner. (Signed by Judge Jesse M. Furman on 11/6/2014) (tn)
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