O'Donnell v. The People of the State of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IAMESODONNELL, Plaintiff, 18 CIVIL 6414 (ER) -against- JUDGMENT THE PEOPLE OF THE STATE OF NEW YORK, Defendants. wenn K

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated May 25, 2023, the Court adopts Magistrate Judge Freemans R&R in its entirety, and O'Donnell's petition for a writ of habeas corpus is DENIED. As O'Donnell has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court certifies, pursuant to 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, 44445 (1962); accordingly, the case is closed. Dated: New York, New York May 26, 2023 RUBY J. KRAJICK

ClerkofCourt

BY: Deputy Clerk