Encarnacion-Cross v. McAuliffe, No. 1:2017cv03603 - Document 13 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER adopting Report and Recommendation for 11 Report and Recommendations. Careful review of the thorough and well-reasoned Report reveals that there is no facial error in its conclusions. The Report, which is incorporated by refere nce herein, is adopted without modification. The petition for habeas corpus is denied. The Clerk of Court is directed to close this case. The parties' failure to file written objections, as noted in the Report, precludes appellate review of th is decision. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam). The Court therefore declines to issue a certificate of appealability, and cert ifies that any appeal from this order would not be taken in good faith; therefore, in forma pauper is status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Court directs the Clerk to mail a copy of this decision to petitioner at the address on file. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/10/2018) (anc)