UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□□□□□ Petitioner, 22 CIVIL 4124 -against- JUDGMENT UNITED STATES OF AMERICA, Respondent. wenn eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 31, 2022, the Court has adopted the Report and Recommendation, and, for the reasons therein, the petition is dismissed with prejudice. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See

. Moreover, the Court certifies that any appeal from the Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See

(a) (3); Neitzke v. Williams,

(1989); Vann v. Comm'r of N.Y.C. Dep't of Corr.,

(2d Cir. 2012) (summary order). Dated: New York, New York November 1, 2022 RUBY J. KRAJICK Clerkof Court BY: K Mange Deputy Clerk