Dzebolo v. Perez, No. 7:2007cv03421 - Document 31 (S.D.N.Y. 2013)

Court Description: SECOND AMENDED OPINION AND ORDER: Accordingly, having reviewed the Petitioner's and the Respondent's papers, as well as all of the other documents on file in this matter, and in the absence of any objections, the Court hereby ADOPTS Judge Y anthis's Report and Recommendation. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. U nited States, 369 U.S. 438, 444-45 (1962). The Court further concludes that petitioner has failed to make a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c)(2), and accordingly a certificate of appealability is DENIED. The Petition is hereby DENIED. The Clerk of the Court is respectfully directed to close this case. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 1/7/2013) The Clerks Office Has Mailed Copies. (mml)