Campbell v. Smith
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|Date Filed||#||Document Text|
|November 16, 2017
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Campbell's Petition is DENIED, and the case is DISMISSED. In addition, the Court declines to issue a certificate of appealability, as Campbell has not shown that "with respect to [ the] procedural bar, reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Rhagi v. Artuz, 309 F.3d 103, 1 06 (2d Cir. 2002) (internal quotation marks and ellipsis omitted); see also 28 U.S.C. § 2253(c); Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, this Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Memorandum Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See, e.g., Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Memorandum Opinion and Order to Campbell and to close this case, and as further set forth in this order. (Signed by Judge Jesse M. Furman on 11/16/2017) (ap)
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