Allevato v. Howard, No. 9:2021cv01159 - Document 53 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER that respondent's motion to dismiss, Dkt. No. 40 , be GRANTED. The motion to amend, Dkt. No. 23 , be DENIED AS MOOT. The petition, Dkt. No. 1 , be DENIED AND DISMISSED IN ITS ENTIRETY. No Certificate of Appealability (&q uot;COA") shall issue because petitioner has failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. § 2253(c)(2) requires. Any further request for a Certificate of Appealability be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Chief Judge Glenn T. Suddaby on 7/26/2022. (Copy served upon petitioner via regular mail) (sal)