Jones v. Killian, No. 1:2009cv03115 - Document 9 (S.D.N.Y. 2010)

Court Description: ORDER: Accordingly,the Court hereby adopts the Report and Recommendation, and, for the reasons therein, dismisses the petition with with prejudice. In addition, because petitioner has not made a substantial showing of the denial of a constitutional r ight, a certificate of appealability will not issue. See 28 U.S.C. 2253. Moreover, the Court certifies that any appeal from this order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. The Clerk of the Court is directed to enter final judgment. So Ordered (Signed by Judge Jed S. Rakoff on 8/25/2010) (js)
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Jones v. Killian Doc. 9