Rios v. Kaplan

Filing 46

CLERK'S JUDGMENT re: 45 Order Adopting Report and Recommendations in favor of Saban Kaplan against Maria Rios. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Order dated July 5, 2023, Petitioner' ;s objection to the Report and Recommendation is denied in its entirety. The Court adopts the Report in all respects other than its consideration of the merits of Petitioner's second and fourth claims, as consideration of these claims is barred by Plaintiff's failure to exhaust. Judgment is entered accordingly. The order resolves docket entry no. 39. Petitioner may not appeal the order dated July 5, 2023 unless "a circuit justice or judge issues a certificate of appealability.&quo t; 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally Unit ed States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). The Court finds that Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability. (Signed by Clerk of Court Ruby Krajick on 7/6/2023) (Attachments: # 1 Appeal Package) (tp)

Case 1:17-cv-00314-LTS-SDA Document 46 Filed 07/06/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------------X
MARIA RIOS,,
Plaintiff,
-against-

17 CIVIL 0314 (LTS)(SDA)

JUDGMENT

SABAN KAPLAN,,
Defendants.
-----------------------------------------------------------X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated July 5, 2023, Petitioner's objection to the Report and
Recommendation is denied in its entirety. The Court adopts the Report in all respects other than
its consideration of the merits of Petitioner's second and fourth claims, as consideration of these
claims is barred by Plaintiff's failure to exhaust. Judgment is entered accordingly. The order
resolves docket entry no. 39. Petitioner may not appeal the order dated July 5, 2023 unless "a
circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1)
(LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing
of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see
generally United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard
for issuing a certificate of appealability). The Court finds that Petitioner will not be able to
sustain this burden. The Court declines to issue a certificate of appealability.
Dated: New York, New York
July 6, 2023

Case 1:17-cv-00314-LTS-SDA Document 46 Filed 07/06/23 Page 2 of 2

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:

_________________________
Deputy Clerk