Abramo v. USA, No. 1:2012cv01803 - Document 18 (S.D.N.Y. 2014)

Court Description: ORDER adopting 15 Report and Recommendation. On January 16, 2014, Magistrate Judge Henry Pitman issued a Report and Recommendation in the above-captioned matter recommending that the Court dismiss the petition by pro se petitioner Philip Abramo fi led pursuant to 28 U.S.C. Section 2255. In a submission dated March 7, 2014, petitioner objected to certain portions of the Report and Recommendation. The Court has therefore reviewed the objections and the underlying record de novo. Having done so, the Court finds itself in complete agreement with Magistrate Judge Pitman's Report and Recommendation and hereby adopts its reasoning by reference. Accordingly, the Court dismisses the action with prejudice. In addition, because petitioner has n ot made a substantial showing of the denial of a constitutional right, 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 petiti oner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See 28 U.S.C. § 1915(a)(3); see also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of the Court is hereby directed to enter final judgment. (Signed by Judge Jed S. Rakoff on 3/19/2014) (mro)