Elleby v. Coveny

Elleby v. Coveny

Petitioner:	Taye L. Elleby
Respondent:	R. Coveny
Case Number:	1:2018cv02694
Filed:	March 26, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Chemung
Presiding Judge:	Stewart D. Aaron
Presiding Judge:	Katherine Polk Failla
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 16, 2019	Filing 55 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION for 44 Report and Recommendation. The Court has thus reviewed portions of the Report de novo, and other portions for clear error. The Court agrees completely with Judge Aaron's thoughtfu l and well-reasoned Report and hereby adopts its reasoning by reference. For the foregoing reasons, the Report is adopted in full, and the Petition is DENIED. The Clerk of Court shall dismiss this Petition and close the case. Since Petitioner has n ot 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). Pursuant to 28 U.S.C. § 1915(a), any appeal from this Order would not be taken in good faith; t herefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/16/2019) Copies Mailed By Chambers. (mml) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

October 16, 2019

Filing 55 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION for 44 Report and Recommendation. The Court has thus reviewed portions of the Report de novo, and other portions for clear error. The Court agrees completely with Judge Aaron's thoughtfu l and well-reasoned Report and hereby adopts its reasoning by reference. For the foregoing reasons, the Report is adopted in full, and the Petition is DENIED. The Clerk of Court shall dismiss this Petition and close the case. Since Petitioner has n ot 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). Pursuant to 28 U.S.C. § 1915(a), any appeal from this Order would not be taken in good faith; t herefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/16/2019) Copies Mailed By Chambers. (mml) Transmission to Orders and Judgments Clerk for processing.

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Petitioner: Taye L. Elleby
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Respondent: R. Coveny
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