Joyner v. Uhler
Joyner v. Uhler
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX ANTHONY JOYNER, : Petitioner, : : 20 Civ. 2874 (JPC) (SN) -v- : : ORDER DONALD UHLER, : Respondent. : wee KX JOHN P. CRONAN, United States District Judge: On December 1, 2021, the Court adopted a Report and Recommendation issued by the Honorable Sarah Netburn and dismissed the Petition under
28 U.S.C. § 2254. Dkt. 27. A certificate of appealability will only be granted if Petitioner “has made a substantial showing of the denial of a constitutional nght.”
28 U.S.C. § 2253(c)(2). See United States v. Perez,
129 F.3d 255, 259-60(2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). This Court did not previously grant a certificate of appealability and, because it finds that Petitioner has not sustained this burden, it declines to issue one. Furthermore, the Court certifies pursuant to
28 U.S.C. § 1915(a)(3) that any appeal from the Court’s prior Order dismissing the Petition would not be taken in good faith. See Coppedge v. United States,
269 U.S. 438, 444-45(1962). The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner and to note service on the docket. SO ORDERED. Dated: January 14, 2022 ky hey 8 7B New York, New York JOHN P. CRONAN United States District Judge
Reference
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