Tucker v. Marshall, No. 1:2008cv07820 - Document 17 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER:#97967 The September 8, 2008 amended petition for a writ of habeas corpus is denied. In addition, the Court declines to issue a certificate of appealability. Tucker has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. The Court also finds pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith. The Clerk of Court shall dismiss this petition and close the case. (Signed by Judge Denise L. Cote on 8/27/2009) Copies Mailed By Chambers.(jfe) Modified on 8/28/2009 (eef).