Cordero v. Rivera, No. 1:2005cv09758 - Document 15 (S.D.N.Y. 2009)

Court Description: OPINION & ORDER: #98409 The Court thus adopts Magistrate Judge Ellis' recommendation that Cordero's habeas petition be denied in its entirety. The Court further finds for the reasons set forth above that Cordero's additional, newly di scovered evidence claim is also insufficient to warrant post-conviction relief. Accordingly, IT IS HEREBY ORDERED that: (1) Magistrate Judge Ellis's Report and Recommendation dated April 2, 2009 is adopted; (2) The petition is deemed amended to include Cordero's newly discovered evidence claim, and, as amended, is dismissed on the merits; (3) As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C . § 2253; see also Richardson v. Greene, 497 F.3d 212,217 (2d Cir. 2007); and (4) Pursuant to 28 U.S.C. § 19l5(a) the Court certifies that any appeal from this Order would not be taken in good faith. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/29/2009) (tve) Modified on 1/4/2010 (ajc).