Smalls v. Heath, No. 1:2010cv00952 - Document 16 (E.D.N.Y. 2012)

Court Description: ORDER & OPINION: The 1 Petition for a Writ of Habeas Corpus is denied. Because petitioner has failed to make a "substantial showing of the denial constitutional right," 28 U.S.C. § 2253(c)(2), the Court declines to issue a Certificate of Appealability. In addition, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED by Senior Judge Allyne R. Ross, on 1/23/2012. C/mailed by Chambers. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)