Taveras v. New York City Bureau of Correction et al
Filing 24
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS; that the Court has reviewed the motion to dismiss and the underlying record de novo. Having done so, and finding petitioner's objections to be without merit, the Court finds itself in complet e agreement with Judge Francis' excellent Report and hereby adopts its reasoning by reference. Accordingly, the Court dismisses the petition, with prejudice. In addition, because petitioner has not made a substantial showing of the denial of a c onstitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See 28 U.S.C. § 1915(a) (3); see also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/3/2010) (ae)
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