Ray v. Titus, No. 1:2022cv00307 - Document 23 (W.D.N.Y. 2023)

Court Description: DECISION and ORDER granting Respondent's 4 Motion to Dismiss; that the Petition is Dismissed, without prejudice; that the Court concludes that Petitioner failed to make a substantial showing of the denial of a constitutional right, see 28 U.S .C. §2253(c)(2), and, therefore, denies a certificate of appealability; that the Court certifies that any appeal would not be taken in good faith and, therefore leave to appeal to the Court of Appeals as a poor person is denied; and that the Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 11/17/2023. (JLV)This was mailed to: Arthur Ray.