Blume v. Martuscello
Defendant: Daniel Martuscello
Petitioner: Donald Blume
Case Number: 7:2013cv04310
Filed: June 20, 2013
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Greene
Presiding Judge: Kenneth M. Karas
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

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Date Filed Document Text
March 15, 2016 Opinion or Order Filing 19 ORDER ADOPTING REPORT AND RECOMMENDATION for 14 Report and Recommendations. The Court hereby adopts Magistrate Judge Davison's R&R. Petitioner'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 c ertifies, pursuant to 28 U.S.C. § 1915(a)(3), that 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... demonst rated 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 Respondent and to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/14/16) (yv)
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Petitioner: Donald Blume
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Defendant: Daniel Martuscello
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