Cabrera v. USA

Filing 17

ORDER: Adopting for 15 Report and Recommendations. The Court has accordingly reviewed the petition, Cabrera's objections, and the underlying record de novo. Having done so, the Court is in complete agreement with Magistrate Judge Fox's R eport and Recommendation and hereby adopts its reasoning by reference. Accordingly, the Court dismisses the petition with prejudice. Because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appea lability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal by petitioner from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permis sion 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). The Clerk of the Court is hereby directed to close the motion at document number 209 on the criminal docket of this case, United States v. Cabrera, 10-cr-0094-7, and to enter judgment on the civil docket 15-cv-5915. SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/15/2016) (ama)

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