Garavito-Garcia v. United States of America

Filing 26

CLERK'S JUDGMENT re: 25 Order Adopting Report and Recommendations. in favor of United States of America against Rafael Antonio Garavito-Garcia. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Or der dated December 16, 2019, the Report and Recommendation is adopted; and the reasons stated therein, the petition is dismissed with prejudice; in addition, because petitioner has not made a substantial showing of the denial of a constitutional righ t, a certificate of appealability will not issue; moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. (Signed by Clerk of Court Ruby Krajick on 12/18/2019) (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
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RAFAEL ANTONIO GARA VITO-GARCIA,

17 CIVIL 5798 (JSR) (SLC)
12 CR. 839-1 (JSR)

Petitioner,
-against-

JUDGMENT
UNITED STATES OF AMERICA,
Respondent.

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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated December 16, 2019, the Report and Recommendation is
adopted; and the reasons stated therein, the petition is dismissed with prejudice; in addition,
because petitioner has not made a substantial showing of the denial of a constitutional right, a
certificate of appealability will not issue; moreover, the Court certifies that any appeal from this
Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or
fact, and therefore permission to proceed in forma pauperis is also denied.
DATED: New York, New York
December 18, 2019

BY:

THIS DOCUMENT W A S $
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