Shearer v. Smith, No. 1:2008cv09905 - Document 23 (S.D.N.Y. 2013)

Court Description: OPINION AND ORDER: Accordingly, having reviewed the Petitioner's and the Respondent's papers, as well as all of the other documents on file in this matter, the Court ADOPTS Judge Yanthis's Report and Recommendation. The Petition is her eby DISMISSED. The Court further concludes that Petitioner has failed to make a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c)(2), and accordingly a certificate of appealability is DENIED. The Court certifies, p ursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438,444-45 (1962). The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Edgardo Ramos on 10/9/2013) (ft)