Earl v. Graham

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHEREARL. SS

Petitioner, 17 CIVIL 8814 (NSR) (JCM) -against- JUDGMENT HAROLD GRAHAM, Respondent.

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 16, 2021, the Court adopts MJ McCarthy’s R & R in its entirety. The petition for a writ of habeas corpus is therefore DENIED. 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); Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 225, 259-60 (2d Cir. 1997). The Court certifies pursuant to 18 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 purposes 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 March 17, 2021

RUBY J. KRAJICK — Clerk of Cour? BY Dew.) Ly 7 Clerk