Whitfield v. Graham, No. 1:2010cv03038 - Document 96 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: 95 Letter. IT IS HEREBY ORDERED THAT Petitioner's motion is DENIED. The Court declines to issue a certificate of appealability, finding that Petitioner has not made a substantial showing of a denial of a federal rig ht. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, the Court finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). Accordingly, Petitioner's request to proceed in forma pauperis is DENIED. The Clerk of Court is respectfully directed to mail a copy of this order to Petitioner. (Signed by Judge Richard J. Sullivan on 2/6/2018) (ras)