Martinez v. Mariuscello, No. 1:2016cv07933 - Document 22 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 17 REPORT & RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus filed by Silvino Martinez, re: 19 LETTER addressed to Judge Richard J. Sullivan re: Opposition to Petitioner's Motion to Stay These Proceedings. The Court DENIES Petitioner's motion to stay the adoption of Magistrate Judge Peck's Report and Recommendation and hold his petition in abeyance. The Court further adopts the Report and Recommendation in its entirety, and DENIES the petition for a writ of habeas corpus. The Court further declines to issue a certificate of appealability, finding that Petitioner has not made a substantial showing of a denial of a federal right. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is respectfully directed to close this case and to mail a copy of this order to Petitioner. (Signed by Judge Richard J. Sullivan on 6/23/2017) (ras)