Milchamot v. Warden of O.B.C.C.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK YEHUDAHMILCHAMOT, Petitioner, 25 CIVIL 2979 (LTS) -against- JUDGMENT WARDEN OF O.B.C.C., Respondent. □□□ It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 27, 2025, Petitioner’s application for a writ of habeas corpus under 28 U.S.C. § 2254 is denied without prejudice. The Court declines to construe the petition as brought under 28 U.S.C. § 2241. The warning issued in Milchamot v. Chief Bronx Dist. Attorney, No. 25-CV-1157 (JPC) (S.D.N.Y. Apr. 1, 2025) remains in effect.

Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 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).

DATED: New York, New York May 28, 2025 TAMMI M. HELLWIG Clerkof Court BY: Dube Mick