Duarte Palacios v. Superintendent

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LEOPOLDO DUARTEPALACIOS, Petitioner, -against- 25 CIVIL 2411 (LLS) JUDGMENT SUPERINTENDENT, Clinton Correctional Facility, Respondent. wane K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated July 14, 2025, the Court denies the petition for a writ of habeas corpus under 28 U.S.C. § 2254 without prejudice to Petitioner's filing a new Section 2254 petition after he exhausts his state court remedies. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would 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). Dated: New York, New York July 15, 2025 TAMMI M. HELLWIG Clerkof Court

BY: TR Deputy Clerk