Chery v. Cunningham

Filing 28

CLERK'S JUDGMENT re: 27 Order Adopting Report and Recommendations. in favor of Robert F. Cunningham against Lyxon Chery. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 21, 2020, the ultimate conclusion of the R&R is adopted, and the petition pursuant to 28U.S.C. § 2254, is DENIED; judgment is entered for the respondent, and the case is closed. Chery has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal fr om this order would not be taken in good faith and in forma pauperis status is denied. (Signed by Clerk of Court Ruby Krajick on 12/21/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-00157-PKC-DCF Document 28 Filed 12/21/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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LYXON CHERY,
17 CIVIL 157 (PKC) (DF)

Petitioner,

JUDGMENT

-againstROBERT F. CUNNINGHAM,
Respondent.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Opinion and Order dated December 21, 2020, the ultimate conclusion of the
R&R is adopted, and the petition pursuant to 28U.S.C. § 2254, is DENIED; judgment is entered
for the respondent, and the case is closed. Chery has not made a substantial showing of the denial
of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. §
2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). The 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 denied.

DATED: New York, New York
December 21, 2020

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk