Ervine v. Smith

Opinion

USL BONY □□ Hpowee eee ey wn UNITED STATES DISTRICT COURT Jose paewieags ves | SOUTHERN DISTRICT OF NEW YORK He penne -------- X ee □□ MOSES ERVINE, DATE PiLED: lo | | 2022 | Petitioner, □□ -against- 15 CIVIL 9419 (ER)(SDA) JUDGMENT JOSEPH T. SMITH, Respondent. wenn XK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 12, 2022, Magistrate Judge Aaron's Report is adopted in its entirety, and Ervine's Petition for a writ of habeas corpus is DENIED. As Ervine has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the 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); accordingly, the case is closed. Dated: New York, New York April 21, 2022

RUBY J. KRAJICK Clerk of Court BY: MMe Deputy Cle