Grant v. Gonyea

Opinion

Jens CLES py | EE AT DY rr ops | UNITED STATES DISTRICT COURT ree oh □□ SOUTHERN DISTRICT OF NEW YORK EOS EES Gell f9Q2 | □□□ X TO eee ee ete □ Thomas Grant, Petitioner, 19 CIVIL 743 (AJN)(DCF) -against- JUDGMENT Paul M. Gonyea, Respondent. penne nee eee eee X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 20, 2022, the Court adopts the Report & Recommendation in its entirety and dismisses Petitioner's § 2254 petition for the reasons provided in Judge Freeman's Report and Recommendation. Because Petitioner "has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue." Perez v. United States, No. 04-CV-7148 (JSR), 2007 WL 685949, at *1 (S.D.N. Y Jan. 29, 2007) (citing 28 U.S.C. § 2253). The Court certifies under 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) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue); accordingly, the case is closed. Dated: New York, New York April 20, 2022 RUBY J. KRAJICK Clerk of Court BY: ) Deputy LG