UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□□ Plaintiff, 21 CIVIL 1709 (KMK) -against- JUDGMENT THOMAS McGUINESS, Defendant. wenn K

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 5, 2022, the R&R, dated August 22, 2022, is ADOPTED in its entirety. The Petition is DISMISSED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see

(c)(2); Lucidore v. N.Y. State Div. of Parole,

(2d Cir. 2000), and the Court certifies, pursuant to

(a)(3), that any appeal from the Order would not be taken in good faith; accordingly, the case 1s closed. Dated: New York, New York October 6, 2022 RUBY J. KRAJICK Clerkof Court BY: K Ma NGO Deputy Clerk