UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff, 24 CIVIL 5932 (KMK) -against- JUDGMENT MARK MILLER, Superintendent, Defendant. wenn K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 9, 2025, that the Report and Recommendation, dated June 9, 2025, is ADOPTED in its entirety and that the Petition is DISMISSED. Additionally, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see

(c)(2); Small v. Orange Cnty. Ct., Prosecutors Off, No. 18-CV-2716,

, at *2 (S.D.N.Y. Mar. 5, 2020) (citing Lucidore v. N.Y. State Div. of Parole,

(2d Cir. 2000)), and the Court certifies, pursuant to

(a)(3), that any appeal from the Order would not be taken in good faith, Whitted v. Stallone, No. 11-CV-7569,

, at *1 (S.D.N.Y. Mar. 30, 2016) (citing Coppedge v. United States,

(1962)); accordingly, the case is closed. Dated: New York, New York September 10, 2025 TAMMI M. HELLWIG Clerkof Court BY: K MANge Deputy Clerk