UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee eK DERICK MURPHY, Petitioner, 21 CIVIL 112 (JSR\(SN) 18 CR 848 (JSR) -against- JUDGMENT UNITED STATES OF AMERICA, Respondent. wa K

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated June 10, 2022, the Report and Recommendation is adopted, and, for the reasons therein Murphy's habeas petition is dismissed with prejudice. In addition, no certificate of appealability shall issue because petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. 2253. The Court also 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 permission to proceed in forma pauperis is denied. See Sermon v. Emigrant Savs. Bank (In re Seimon),

(2d Cir. 2005). Dated: New York, New York June 10, 2022 RUBY J. KRAJICK Clerk of Court BY: i mk ANGo Deputy Clerk