Bruno v. Smith

Bruno v. Smith

Petitioner:	Felix Bruno
Respondent:	Brandon Smith
Case Number:	1:2013cv08110
Filed:	November 8, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Greene
Presiding Judge:	Loretta A. Preska
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 2, 2017	Filing 33 ORDER ADOPTING R&R for 27 Report and Recommendation. The Court, having conducted a thorough review, finds no error in the R&R. The Court therefore adopts Judge Davison's R&R. Petitioner's writ of habeas corpus is accordingly dismissed with prejudice. As Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-1 2 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defendant's good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and noting that an appeal may not be taken i n forma pauperis if the trial court certifies in writing that it is not taken in good faith). The Clerk of the Court is respectfully directed to enter a judgment in favor of Respondent and close the case. (Signed by Judge Kenneth M. Karas on 8/2/2017) (mml)

Date Filed

Document Text

August 2, 2017

Filing 33 ORDER ADOPTING R&R for 27 Report and Recommendation. The Court, having conducted a thorough review, finds no error in the R&R. The Court therefore adopts Judge Davison's R&R. Petitioner's writ of habeas corpus is accordingly dismissed with prejudice. As Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-1 2 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defendant's good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and noting that an appeal may not be taken i n forma pauperis if the trial court certifies in writing that it is not taken in good faith). The Clerk of the Court is respectfully directed to enter a judgment in favor of Respondent and close the case. (Signed by Judge Kenneth M. Karas on 8/2/2017) (mml)

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Petitioner: Felix Bruno
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Respondent: Brandon Smith
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