South v. Lee, No. 1:2013cv07261 - Document 36 (S.D.N.Y. 2017)

Court Description: MEMORANDUM OPINION AND ORDER. The court holds that no certificate of appealability shall issue, and that any appeal from the Opinion would not be taken in good faith, and as further set forth in this Order. The court finds that the claims South raise s in his habeas petition are meritless, and accordingly, holds that no certificate of appealability shall issue because he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Furt her, the court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from its Opinion would not be taken in good faith, and therefore in Jonna pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/29/2017) (rjm)