Moore v. Poole, No. 1:2007cv03046 - Document 3 (E.D.N.Y. 2007)

Court Description: OPINION AND ORDER: The petition is dismissed without prejudice to renewal upon exhaustion of the remedies available in the courts of the State of New York. As petitioner has not made a substantial showing of the denial of a constitutional right, a ce rtificate of appealability will not issue. 28 U.S.C. sec. 2253(c). The Court certifies pursuant to 28 U.S.C. sec. 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 purpose of an appeal. So Ordered. (Ordered by Judge Allyne R. Ross, on 7/27/2007) C/M by Chambers. (Fwd. for Judgment) (Latka-Mucha, Wieslawa)