Pagan v. LaValley

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATION for 67 Report and Recommendation. On January 18, 2017, Magistrate Judge Sarah Netburn issued a Report and Recommendation (the "R&R") recommending that the undersigned dismiss in its ent irety the petition for writ of habeas corpus filed by Jason Pagan, pursuant to 28 U.S.C. § 2254. (Dkt. 67.) Pagan has not filed objections to the R&R; as further set forth herein. The R&R is adopted, and the action is dismissed. Pagan h as 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. 2011). This Court certifie s 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 4/10/2017) (mro)