Small v. Diforieo

Small v. Diforieo

Petitioner:	Arthur A. Small
Respondent:	Janet Diforieo
Case Number:	7:2012cv05583
Filed:	July 16, 2012
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Chemung
Presiding Judge:	Kenneth M. Karas
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 28, 2017	Filing 82 ORDER ADOPTING REPORT AND RECOMMENDATION: for 76 Report and Recommendations. The Court, having conducted a thorough review of the remainder of the R&R, finds no error, clear or otherwise. The Court therefore adopts Judge McCarthy's R&R. P etitioner's writ of habeas corpus is accordingly dismissed with prejudice. As Petitioner has not made a substantial showing of the denial of a constitutional 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), and the Court further certifies, pursuant to 28 U.S.C. § I 915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith, see Copp edge 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 noting 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 judgment in favor of Respondent, send a copy of this Order to Petitioner at the address listed on the docket, close the case, and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 9/28/2017) (ap)

Date Filed

Document Text

September 28, 2017

Filing 82 ORDER ADOPTING REPORT AND RECOMMENDATION: for 76 Report and Recommendations. The Court, having conducted a thorough review of the remainder of the R&R, finds no error, clear or otherwise. The Court therefore adopts Judge McCarthy's R&R. P etitioner's writ of habeas corpus is accordingly dismissed with prejudice. As Petitioner has not made a substantial showing of the denial of a constitutional 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), and the Court further certifies, pursuant to 28 U.S.C. § I 915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith, see Copp edge 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 noting 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 judgment in favor of Respondent, send a copy of this Order to Petitioner at the address listed on the docket, close the case, and as further set forth in this order. (Signed by Judge Kenneth M. Karas on 9/28/2017) (ap)

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Petitioner: Arthur A. Small
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Respondent: Janet Diforieo
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