DeJesus v. The People Of The State Of New York

Filing 23

MEMORANDUM DECISION AND ORDER adopting 19 Report and Recommendations: Having found no clear error, this Court ADOPTS Magistrate Judge Peck's Report and Recommendation in full. Accordingly, Petitioner's writ of habeas corpus petition is D ENIED. Since Petitioner has not made a substantial showing of the denial of a federal right, a certificate of appealability will not issue. 28 U.S.C. § 2253; Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Tankleffv. Senkowski, 135 F.3d 235, 2 41 (2d Cir. 1998). Moreover, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Accordingly, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. (Signed by Judge George B. Daniels on 8/7/2018) (jwh)

Case 1:18-cv-04234-GBD Document 12

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

'. --.. ----.--.. ---·-.. . . . . . ___ . , . , ____ . . ,.,.__ ,. _ ,_. , ,.___. __,. ~ -.. ----- . . . -.. .x

SANTIAGO BEN, on behalf of himself and others
similarly situated,

Case No. l 8-CV-4234
(GBD)(DCF)

Plaintiff,

STIPULATION AND

ORDER OF DISMISSAL
-againstJAPIKA GROUP CORP. d/b/a UP THAI, and
APISIP KULVIWAT,
Defendants.

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IT IS HEREBY STIPULATED AND AGREED by and between the undersigned

counsel for the parties that the above-captioned action is hereby dismissed and
discontinued, without prejudice, pursuant to Rule 4l(a)(2) of the Federal Rules of Civil
Procedure.
Dated: New York, New York
August 7, 2018

THE LAW FIRM OF ADAM
C. WEISS, PLLC
Attorney for Defendants
3 School Street, Suite 303

Cilenti & Cooper, PLLC
Attorneys for Plaintiff
708 Third Avenue - 6 th Floor
New York, New York I 0017
[phone]

Glen Cove, New York 11542

a!f----_·_

[phone]

By;

~mC.Weiss

SO ORDERED:

'AUG O7 2011