LeGrand v. Lee

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION for 22 Report and Recommendations. On December 28, 2016, Magistrate Judge Katharine H. Parker issued a Report and Recommendation (the "R&R") recommending that the undersigned dismiss in its enti rety the petition for writ of habeas corpus filed by Nico LeGrand, a/k/a Tony Jones, pursuant to 28 U.S.C. § 2254. (Docket# 22.) Mr. LeGrand has filed no objections to the R&R. (As further set forth in this Order.) The R&R is adopted, and the a ction is dismissed. LeGrand has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. See 28 U.S.C. § 2253; Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 20 11). This 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 in forma pauperis status is therefore denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 3/1/2017) (cf)