USDC SDNY DOCUMENT SOUTHERN DISTRICT OF NEW YORK DOC #: ccna conn □□□ nnnnnn naan DATE FILED:__ 9/3/2025 OMAR MARTINEZ, : Petitioner, : : 23-cv-01281 (LJL) -V- : : ORDER SUPERINTENDENT MARK T. MILLER, : Respondent. :

LEWIS J. LIMAN, United States District Judge: The Court granted Respondent’s motion to dismiss Petitioner Omar Martinez’s habeas petition on July 2, 2025. Dkt. No. 57. At that time, the Court certified under

(a)(3) that “any appeal from this order would not be taken in good faith.” Jd. at 19. Rule 22(b) of the Federal Rules of Appellate Procedure provides that “[i]n a habeas corpus proceeding in which the detention complained of arises from process issued by a state court... the applicant cannot take an appeal unless a circuit justice or a circuit or district judge issues a certificate of appealability under

(c).” Section 2253(c) provides that “[a] certificate of appealability may issue . . . only if the applicant has made a substantial showing of the denial of a constitutional right.”

(c)(2). “[A] federal court should not deny a COA ‘merely because it believes the applicant will not demonstrate an entitlement to relief.’” Hoffler v. Bezio,

(2d Cir. 2013) (quoting Miller-El v. Cockrell,

(2003)). “Rather, a COA should issue if ‘jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right.’”

(quoting Slack v. McDaniel,

(2000)). The Court declines to issue a certificate of appealability because Martinez has not made a

substantial showing of a denial of a constitutional right based on the Court’s dismissal of his untimely petition for a writ of habeas corpus.

SO ORDERED. □ i Dated: September 3, 2025 wt MR ao New York, New York LEWIS J. LIMAN United States District Judge