Gonzalez v. Five Points Correctional Facility

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□ Petitioner, 19 CIVIL 1084 (NSR) (AEK) -against- JUDGMENT SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, Respondent.

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 15, 2021, the Court adopts MJ Krause’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 16, 2021

RUBY J. KRAJICK Clerk of Courf} BY: D nc) a“ mint) de —