Gutt v. Griffin

Filing 37

OPINION: Based on the reasons set forth above, the instant petition for habeas corpus is denied in its entirety and the court adopts Judge Fox's July 6, 2017 Report and Recommendation as its opinion. As Petitioner has made no substantial showi ng of the denial of a constitutional right, there is no question of substance for appellate review. Therefore, no certificate of appealability shall issue. 28 U.S.C. § 2253; see United States v. Perez, 129 F. 3d 255, 259-60 (2d Cir. 1997); Lo zada v. United States, 107 F. 3d 1011 (2d Cir. 1997); Rodriguez v. Scully, 905 F. 2d 24 (2d Cir. 1990). I certify, pursuant to 28 U.S.C. § 1915(a), that an appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is respectfully requested to close this case and to mail a copy of this Opinion to Adolf Gutt at 12A3591 Al.22, Attica Correctional Facility, P.O. Box 149, Attica, NY 14011-0149. (Signed by Judge Colleen McMahon on 12/20/2017) (kgo)