Rivera v. Colvin et al
| Iran Rivera |
| John Colvin and Five Points Correctional Facility |
| 1:2015cv09426 |
| December 1, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Seneca |
| Loretta A. Preska |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
64
MEMO ENDORSED ORDER denying as moot 57 Motion for Extension of Time to File. ENDORSEMENT: Motion denied as moot. Appeal filed on June 11, 2019. Clerk of the Court requested to terminate the motion (doc. 57). (Signed by Judge Nelson Stephen Roman on 3/24/2020) (rj)
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Filing
55
OPINION & ORDER for 49 Report and Recommendations., For these reasons, the Court adopts Judge McCarthy's R & R in its entirety. The Amended Petition for a writ of habeas corpus is therefore DENIED. The Clerk of Court is directed to enter judgment accordingly, close the case, mail a copy of this Opinion 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 5/8/2019) (rj) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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