Carrino v. Eckert

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Petitioner, 21 CIVIL 5909 (VB) -against- JUDGMENT STEWART ECKERT, Superintendent, Respondent. KX

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated June 30, 2023, having carefully reviewed Judge Davison's thorough and well-reasoned R&R, petitioner's objections, and the underlying record, the Court finds no error, clear or otherwise, in the R&R. Accordingly, the Court has adopted the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is DENIED. As petitioner has not made a substantial showing of the denial of a constitutional 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, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the Order not be taken in good faith, and 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); accordingly, the case is closed. Dated: New York, New York July 5, 2023 RUBY J. KRAJICK

Clerk of Court

BY: ah. mange Deputy Clerk