Lopez v. Capra, No. 1:2018cv04392 - Document 20 (S.D.N.Y. 2022)

Court Description: ORDER: As laid out in the Court's Opinion and Order denying Petitioner Baldemiro Lopez's petition for a writ of habeas corpus at ECF No. 19, Petitioner has not made a substantial showing of the denial of a constitutional right. Therefore, a certificate of appealability shall not be granted. The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Petitioner. (Signed by Judge Andrew L. Carter, Jr on 12/22/2022) (ate)

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Lopez v. Capra Doc. 20 Case 1:18-cv-04392-ALC Document 20 Filed 12/22/22 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BALDEMIRO LOPEZ, Petitioner, 18-CV-4392 (ALC) -against- ORDER MICHAEL CAPRA, Superintendent, Respondent. ANDREW L. CARTER, JR., United States District Judge: As laid out in the Court’s Opinion and Order denying Petitioner Baldemiro Lopez’s petition for a writ of habeas corpus at ECF No. 19, Petitioner has not made a substantial showing of the denial of a constitutional right. Therefore, a certificate of appealability shall not be granted. See Hoffler v. Bezio, 726 F.3d 144, 154 (2d Cir. 2013); Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). The Clerk of Court is respectfully requested to mail a copy of this Order to the pro se Petitioner. SO ORDERED. Dated: December 22, 2022 New York, New York ANDREW L. CARTER, JR. United States District Judge 1 Dockets.Justia.com

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