DeJesus v. Superintendent of the Attica Correctional Facility, No. 1:2017cv03932 - Document 23 (S.D.N.Y. 2018)

Court Description: MEMORANDUM DECISION AND ORDER adopting 19 Report and Recommendations: Having found no clear error, this Court ADOPTS Magistrate Judge Peck's Report and Recommendation in full. Accordingly, Petitioner's writ of habeas corpus petition is D ENIED. Since Petitioner has not made a substantial showing of the denial of a federal right, a certificate of appealability will not issue. 28 U.S.C. § 2253; Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Tankleffv. Senkowski, 135 F.3d 235, 2 41 (2d Cir. 1998). Moreover, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Accordingly, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. (Signed by Judge George B. Daniels on 8/7/2018) (jwh)