Schmid v. Cuomo et al
Filing 18
ORDER: ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations. For the reasons set forth above, the Court ADOPTS the R&Rin its entirety, OVERRULES the objections of both Schmid and Eber-Schmid's and DENIES the Petitions. Becau se Schmid and Eber Schmid have not made a substantial showing of the denial of a constitutional right, a certificateof appealability will not issue. 28 U.S.C. § 2253; see United States v. Perez, 129 F.3d 255, 260 (2d Cir. 1997). The Court certif ies, 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). The Clerk of the Court is directed to close both cases. (Signed by Judge Barbara S. Jones on 7/31/2012) (djc)
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