Green v. The State of New York
||The State of New York
||March 18, 2014
||US District Court for the Southern District of New York
||Foley Square Office
||Loretta A. Preska
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|December 19, 2016
ORDER AND OPINION ADOPTING REPORT AND RECOMMENDATION adopting 21 Report and Recommendation. For the reasons set forth above, IT IS HEREBY ORDERED that the Petition is denied. Furthermore, because Petitioner has not made a substantial showi ng of the denial of a constitutional right, the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court also certifies pursuant to 28 U.S.C. § ; 1915(a)(3) that, in the event Plaintiff seeks to appeal this Order in forma pauperis, any appeal would not be taken in good faith. See Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995) (instructing that in forma pauperis status should be denied for the purpose of an appeal where the appeal would "lack...an arguable basis in law or fact"). The Clerk is respectfully directed to send a copy of this Order to Petitioner and to close this case. (As further set forth in this Order and Opinion.) (Signed by Judge Richard J. Sullivan on 12/19/2016) (mro)
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