Thomas v. The People of the State of New York

Filing 20

CLERK'S JUDGMENT re: 19 Order Adopting Report and Recommendations. in favor of The People of the State of New York against John Thomas. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dat ed March 30, 2020, the Court has reviewed carefully Magistrate Judge Cave's thorough and well-reasoned Report and Recommendation and finds no clear error; the Court therefore adopts the Report in its entirety for the reasons stated therein; Acco rdingly, the petition is denied; the Court adopts Judge Cave's conclusion that because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability should not be issued. (Signed by Clerk of Court Ruby Krajick on 03/31/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X JOHN THOMAS, Petitioner, 17 CIVIL 910 (LTS) (SLC) -against- JUDGMENT THE PEOPLE OF THE STATE OF’NEW YORK, Respondent. -------------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 30, 2020, the Court has reviewed carefully Magistrate Judge Cave’s thorough and well-reasoned Report and Recommendation and finds no clear error; the Court therefore adopts the Report in its entirety for the reasons stated therein; Accordingly, the petition is denied; the Court adopts Judge Cave’s conclusion that because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability should not be issued. DATED: New York, New York March 31, 2020 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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