Rosario v. LaClair

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□ Petitioner, 20 CIVIL 5475 (VB) -against- JUDGMENT DARWIN LACLAIR, Superintendent, Respondent. wen eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 11, 2024, the petition for a writ of habeas corpus and the motion for leave to amend the petition are 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). 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 is denied for the purpose 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 October 15, 2024

DANIEL ORTIZ Acting Clerk of Court BY: Mango Deputy Clerk