Trovato v. Kaplan, No. 7:2011cv06092 - Document 29 (S.D.N.Y. 2013)

Court Description: MEMORANDUM DECISION. for 16 Motion to Dismiss filed by Sabina Kaplan, 24 Report and Recommendations. Judge Yanthis's R&R is hereby adopted in its entirety as the opinion to the Court. The motion to dismiss the petition for a writ of habeas c orpus is GRANTED, and the petition is DISMISSED as time-barred. The Clerk is instructed to enter judgment accordingly and close this case. The Clerk is also instructed to terminate the motion.(Doc.#16). As petitioner has not made a substantial showin g of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Love 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 fr om 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 2/11/2013) Copies Mailed By Chambers. (rj)