Smith v. Ekpe, No. 7:2011cv00047 - Document 22 (S.D.N.Y. 2013)

Court Description: MEMORANDUM DECISION for 19 Report and Recommendations. The Report and Recommendation of Magistrate Judge Paul E. Davison is hereby adopted in its entirety as the opinion of the Court. The petition is accordingly DENIED and dismissed in its entiret y. The Clerk is instructed to enter judgment accordingly and close this case. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2). Lo ve v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Vincent L. Briccetti on 3/1/2013) Copies Mailed By Chambers. (rj)