Rizzo v. Capra

Rizzo v. Capra

Petitioner:	Raymond Rizzo
Respondent:	Michael Capra
Case Number:	1:2018cv01185
Filed:	February 9, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	George B. Daniels
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 18, 2019	Filing 17 MEMORANDUM DECISION AND ORDER adopting 15 Report and Recommendations: Petitioner's objections are OVERRULED, and Magistrate Judge Fox's Report is ADOPTED. The Petition, (ECF No. 2), is DISMISSED. Since Petitioner has not made a substant ial 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); Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998). Moreover, this Court certif ies 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). Th e Clerk of Court is directed to mail a copy of this memorandum decision and order to Petitioner. (Signed by Judge George B. Daniels on 6/18/2019) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

June 18, 2019

Filing 17 MEMORANDUM DECISION AND ORDER adopting 15 Report and Recommendations: Petitioner's objections are OVERRULED, and Magistrate Judge Fox's Report is ADOPTED. The Petition, (ECF No. 2), is DISMISSED. Since Petitioner has not made a substant ial 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); Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998). Moreover, this Court certif ies 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). Th e Clerk of Court is directed to mail a copy of this memorandum decision and order to Petitioner. (Signed by Judge George B. Daniels on 6/18/2019) (jwh) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

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Petitioner: Raymond Rizzo
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Respondent: Michael Capra
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