Joaquin v. Smith

S.D. New York

Joaquin v. Smith

District Court, S.D. New York·Decided February 27, 2023·No. 1:21-cv-09372·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MIGUELEJOAQUN, Petitioner, 21 CIVIL 9372 (PAE)(SLC) -against- JUDGMENT BRANDON J. SMITH, Respondent. wae K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 27, 2023, the Court has accepted and adopted Judge Cave's December 30, 2022 Report and Recommendation in its entirety and Joaquin's Petition is dismissed as time-barred. In addition, the Court has declined to issue a certificate of appealability. Joaquin has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); 28 U.S.C. § 2253. 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 1s denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962); accordingly, the case is closed. Dated: New York, New York February 27, 2023 RUBY J. KRAJICK

Clerkof Court BY: K MANGO DeputyClerk

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MIGUELEJOAQUN, Petitioner, 21 CIVIL 9372 (PAE)(SLC) -against- JUDGMENT BRANDON J. SMITH, Respondent. wae K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 27, 2023, the Court has accepted and adopted Judge Cave's December 30, 2022 Report and Recommendation in its entirety and Joaquin's Petition is dismissed as time-barred. In addition, the Court has declined to issue a certificate of appealability. Joaquin has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); 28 U.S.C. § 2253. 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 1s denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962); accordingly, the case is closed. Dated: New York, New York February 27, 2023 RUBY J. KRAJICK

Clerkof Court BY: K MANGO DeputyClerk

Joaquin v. Smith, (S.D.N.Y. 2023).

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