C. Carter; L. Maginley v. Bronx County Supreme Commissioner

District Court, S.D. New York

C. Carter; L. Maginley v. Bronx County Supreme Commissioner

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Petitioner, -against- 25 CIVIL 3107 (KMW) JUDGMENT BRONX COUNTY SUPREME COMMISSIONER C. CARTER; L. MAGINLEY, Respondents. wane K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 2, 2025, the Court has denied Petitioner's application for a writ of habeas corpus under

28 U.S.C. § 2241

and this action is dismissed without prejudice due to Petitioner's failure to show that he has exhausted available state court remedies and based on the doctrine of Younger abstention. Because Petitioner has not made a substantial showing of a denial of a constitutional right, the Court has declined to issue a certificate of appealability. See

28 U.S.C. § 2253

. The Court certifies under

28 U.S.C. § 1915

(a)(3) that any appeal from the Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). Judgment is entered dismissing this case. Dated: New York, New York September 3, 2025 TAMMI M. HELLWIG Clerkof Court BY: K MANGO Deputy Clerk

Reference

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