Tashbook v. Petrucci

S.D. New York

Tashbook v. Petrucci

DecidedMarch 25, 2022

Docket7:20-cv-05318

StatusUnknown

This text of Tashbook v. Petrucci (Tashbook v. Petrucci) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tashbook v. Petrucci, (S.D.N.Y. 2022).

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iG SUNY UNITED STATES DISTRICT COURT CURIEN TE SOUTHERN DISTRICT OF NEW YORK Sp POVRONICALELY PEILER | eee eee eX oo ROBERT TASHBOOK, OR pare re: 3/25 pa0a> Petitioner, Ho. -against- 20 CIVIL 5318 (KMK)(PED) JUDGMENT WARDEN JAMES PETRUCCI, Respondent. meee ee eee K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 25, 2022, having conducted a thorough review of the R&R, finds no error, clear or otherwise. The Court has therefore adopted the outcome the R&R. Petitioner's writ fails as a matter of law, and as such, Petitioner's renewed request for an evidentiary hearing is denied. As Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Patrol, 209 F.3d 107, 111-12 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from the judgment on the merits would not be taken in good faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a [petitioner's] good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and noting that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it was not taken in good faith). Judgment is entered in favor of Respondent; accordingly, the case is closed. Dated: New York, New York March 25, 2022

RUBY J. KRAJICK Clerk of Court BY: Deputy Geri

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iG SUNY UNITED STATES DISTRICT COURT CURIEN TE SOUTHERN DISTRICT OF NEW YORK Sp POVRONICALELY PEILER | eee eee eX oo ROBERT TASHBOOK, OR pare re: 3/25 pa0a> Petitioner, Ho. -against- 20 CIVIL 5318 (KMK)(PED) JUDGMENT WARDEN JAMES PETRUCCI, Respondent. meee ee eee K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 25, 2022, having conducted a thorough review of the R&R, finds no error, clear or otherwise. The Court has therefore adopted the outcome the R&R. Petitioner's writ fails as a matter of law, and as such, Petitioner's renewed request for an evidentiary hearing is denied. As Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Patrol, 209 F.3d 107, 111-12 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from the judgment on the merits would not be taken in good faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a [petitioner's] good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and noting that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it was not taken in good faith). Judgment is entered in favor of Respondent; accordingly, the case is closed. Dated: New York, New York March 25, 2022

RUBY J. KRAJICK Clerk of Court BY: Deputy Geri

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