UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RICHARDDIAZ, SSOSOSC™S~S~S~S Petitioner, 20 CIVIL 0154 (ER) -against- JUDGMENT SUPERINTENDENT MATTHEW THOMS, SUPERINTENDENT OF THE FIVE POINTS CORRECTIONAL FACILITY, Respondent. wn K

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated June 16, 2025, the Court adopts the R&R in its entirety. Diaz's habeas corpus petition is thus denied. The Court certifies under

(a)(3) that any appeal from this Opinion & Order issued on June 16, 2025, would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States,

(1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Dated: New York, New York June 16, 2025 TAMMI M. HELLWIG Clerkof Court

BY: ER DeputyClerk