Whitfield v. Graham

Filing 92

ORDER ADOPTING REPORT AND RECOMMENDATIONS: for 87 Report and Recommendations. For the reasons set forth above and in Judge Eilis's Report, IT IS HEREBY ORDERED THAT the Petition - as modified by the addendum - is DENIED. In addition, be cause Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2 005). Furthermore, because any appeal would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 (2d Cir. 1995), the Court certifies pursuant to 28 U.S.C.§ 1915(a)(3) that any appeal from this Order would not be undertaken in good faith, and, therefore,Petitioner may not proceed in forma pauperis. The Clerk of Court is respectfully directed to (I) enter judgment in favor of Respondent and close this case, and (2) mail a copy of this Order to Petitioner (Signed by Judge Richard J. Sullivan on 9/13/2017) (js)

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