Clark v. Capra

Clark v. Capra

Plaintiff:	Ta'ron Clark
Defendant:	Michael Capra
Case Number:	7:2014cv02507
Filed:	April 1, 2014
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Westchester
Presiding Judge:	Vincent L. Briccetti
Presiding Judge:	Lisa Margaret Smith
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 17, 2017	Filing 33 MEMORANDUM OPINION AND ORDER. The R&R 31 is adopted as the opinion of the Court for the reasons stated herein. Accordingly, the petition for a writ of habeas corpus is DENIED. The Clerk is instructed to enter judgment accordingly and close this c ase. As petitioner has not 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)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies und er 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith; therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to mail a copy of this Memorandum Opinion and Order to petitioner at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/17/17) (yv)

Date Filed

Document Text

October 17, 2017

Filing 33 MEMORANDUM OPINION AND ORDER. The R&R 31 is adopted as the opinion of the Court for the reasons stated herein. Accordingly, the petition for a writ of habeas corpus is DENIED. The Clerk is instructed to enter judgment accordingly and close this c ase. As petitioner has not 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)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies und er 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith; therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to mail a copy of this Memorandum Opinion and Order to petitioner at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/17/17) (yv)

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Plaintiff: Ta'ron Clark
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Defendant: Michael Capra
Represented By:	Andrew R. Kass
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