Saxon v. Lempke, No. 1:2009cv01057 - Document 31 (S.D.N.Y. 2014)

Court Description: MEMORANDUM OPINION & ORDER: For the reasons stated above, this Court adopts the findings and conclusions set forth in Judge Fox's Report and Recommendation (Dkt. No. 18) in their entirety. Saxon's Petition for a writ of habeas corpus (Dkt. No.2) is denied. Because Saxon has not made a substantial showing that he suffered the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998) . Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of the Court is directed to close this case. Any pending motions should be terminated as moot. (Signed by Judge Paul G. Gardephe on 3/21/2014) (ft)