Clark v. Walsh

Clark v. Walsh

Petitioner:	Eric Wade Clark
Respondent:	James Walsh
Case Number:	7:2011cv00044
Filed:	December 8, 2010
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Sullivan
Presiding Judge:	Kenneth M. Karas
Presiding Judge:	Lisa Margaret Smith
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2015	Filing 35 ORDER ADOPTING REPORT AND RECOMMENDATION: the Court adopts Judge Smith's R&R in its entirety. Clark's Petition for Writ of Habeas Corpus is dismissed with prejudice. As Clark has not made a substantial showing of the denial of a con stitutional right, a Certificate of Appealability shall not be issued. See 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000). The Court further certifies that, pursuant to 28 U.S.C. § ; 1915(a)(3), an appeal from this judgment on the merits would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defendant's good faith...demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and finding that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith). The Clerk of the Court is respectfully directed to enter a judgment in favor of the Respondent and to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2015) (lnl)

Date Filed

Document Text

March 31, 2015

Filing 35 ORDER ADOPTING REPORT AND RECOMMENDATION: the Court adopts Judge Smith's R&R in its entirety. Clark's Petition for Writ of Habeas Corpus is dismissed with prejudice. As Clark has not made a substantial showing of the denial of a con stitutional right, a Certificate of Appealability shall not be issued. See 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000). The Court further certifies that, pursuant to 28 U.S.C. § ; 1915(a)(3), an appeal from this judgment on the merits would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a defendant's good faith...demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and finding that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith). The Clerk of the Court is respectfully directed to enter a judgment in favor of the Respondent and to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2015) (lnl)

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Petitioner: Eric Wade Clark
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Respondent: James Walsh
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