Harris v. Lee

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHELDON HARRIS, Petitioner, ORDER -against- 14 Civ. 7501 (PGG) WILLIAM A. LEE, Defendant.

PAUL G. GARDEPHE, U.S.D.J.: On January 5, 2021, this Court adopted Judge Ellis’s Report & Recommendation and dismissed Petitioner Sheldon Harris’s petition seeking a writ of habeas corpus pursuant to 28 US.C. § 2254. (Jan. 5, 2021 Order (Dkt. No. 40)) A certificate of appealability will not issue, because Harris has not “made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c). Where, as here, “a district court has rejected the constitutional claims on the merits, the showing required to satisfy § 2253(c) is straightforward: The Petitioner must demonstrate that reasonable jurists would find the district court’ s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). Harris has made no such showing here._ Dated: New York, New York July 23, 2021 SO ORDERED. [ela terotoohe PaulG.Gardephe United States District Judge