Gonzalez-Alvarez v. Eckert

S.D. New York

Gonzalez-Alvarez v. Eckert

DecidedMay 17, 2023

Docket1:17-cv-09773

StatusUnknown

This text of Gonzalez-Alvarez v. Eckert (Gonzalez-Alvarez v. Eckert) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gonzalez-Alvarez v. Eckert, (S.D.N.Y. 2023).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JONATHAN GONZALEZALVAREZ, Petitioner, -against- 17 CIVIL 9773 (ALC)JLC) JUDGMENT STEWART ECKERT,

Respondent. wae K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated May 17, 2023, Petitioner's writ of habeas corpus is DISMISSED with prejudice and the R&R is adopted in full. Because Petitioner has not made a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability, see 28 U.S.C. §2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000), and 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. Judgment is entered in favor of Respondent; accordingly, the case 1s closed. Dated: New York, New York May 17, 2023

RUBY J. KRAJICK

Clerkof Court BY: aK MANGO Deputy Clerk

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JONATHAN GONZALEZALVAREZ, Petitioner, -against- 17 CIVIL 9773 (ALC)JLC) JUDGMENT STEWART ECKERT,

Respondent. wae K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated May 17, 2023, Petitioner's writ of habeas corpus is DISMISSED with prejudice and the R&R is adopted in full. Because Petitioner has not made a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability, see 28 U.S.C. §2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000), and 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. Judgment is entered in favor of Respondent; accordingly, the case 1s closed. Dated: New York, New York May 17, 2023

RUBY J. KRAJICK

Clerkof Court BY: aK MANGO Deputy Clerk

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Gonzalez-Alvarez v. Eckert, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-alvarez-v-eckert-nysd-2023.

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