Rodriguez v. Miller, No. 7:2015cv01087 - Document 24 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION AND ORDER for 23 Report and Recommendations, 2 PETITION FOR WRIT OF HABEAS CORPUS. Accordingly, the Court adopts the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is DENIED. The Clerk is in structed to enter judgment accordingly and close this case. The Clerk is further instructed to mail a copy of this Memorandum Opinion and Order to petitioner at the address on the docket. As petitioner has not made a substantial showing of the d enial 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 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). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/28/2018) (anc) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.