Grant v. Gonyea

District Court, S.D. New York

Grant v. Gonyea

Trial Court Opinion

Jens CLES py | EE AT DY rr ops | UNITED STATES DISTRICT COURT ree oh □□ SOUTHERN DISTRICT OF NEW YORK EOS EES Gell f9Q2 | □□□ X TO eee ee ete □ Thomas Grant, Petitioner, 19 CIVIL 743 (AJN)(DCF) -against- JUDGMENT Paul M. Gonyea, Respondent. penne nee eee eee X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 20, 2022, the Court adopts the Report & Recommendation in its entirety and dismisses Petitioner's § 2254 petition for the reasons provided in Judge Freeman's Report and Recommendation. Because Petitioner "has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue." Perez v. United States, No. 04-CV-7148 (JSR),

2007 WL 685949

, at *1 (S.D.N. Y Jan. 29, 2007) (citing

28 U.S.C. § 2253

). The Court certifies under

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, 444-45

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue); accordingly, the case is closed. Dated: New York, New York April 20, 2022 RUBY J. KRAJICK Clerk of Court BY: ) Deputy LG

Reference

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