DeJesus v. The People Of The State Of New York

Justia Dockets & Filings Second Circuit New York Southern District DeJesus v. The People Of The State Of New York

DeJesus v. The People Of The State Of New York

Petitioner:	Roberto Dejesus
Respondent:	The People of the State of New York
Case Number:	1:2017cv03932
Filed:	May 24, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Unassigned
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 7, 2018	Filing 23 MEMORANDUM DECISION AND ORDER adopting 19 Report and Recommendations: Having found no clear error, this Court ADOPTS Magistrate Judge Peck's Report and Recommendation in full. Accordingly, Petitioner's writ of habeas corpus petition is D ENIED. Since Petitioner has not made a substantial showing of the denial of a federal right, a certificate of appealability will not issue. 28 U.S.C. § 2253; Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Tankleffv. Senkowski, 135 F.3d 235, 2 41 (2d Cir. 1998). Moreover, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Accordingly, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. (Signed by Judge George B. Daniels on 8/7/2018) (jwh)

Date Filed

Document Text

August 7, 2018

Filing 23 MEMORANDUM DECISION AND ORDER adopting 19 Report and Recommendations: Having found no clear error, this Court ADOPTS Magistrate Judge Peck's Report and Recommendation in full. Accordingly, Petitioner's writ of habeas corpus petition is D ENIED. Since Petitioner has not made a substantial showing of the denial of a federal right, a certificate of appealability will not issue. 28 U.S.C. § 2253; Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Tankleffv. Senkowski, 135 F.3d 235, 2 41 (2d Cir. 1998). Moreover, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Accordingly, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. (Signed by Judge George B. Daniels on 8/7/2018) (jwh)

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Petitioner: Roberto Dejesus
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Respondent: The People of the State of New York
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