Elliot v. Kirkpatrick

Filing 56

CLERK'S JUDGMENT re: 54 Order Adopting Report and Recommendations. in favor of Michael Kirkpatrick against Lawrence Elliot. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dat ed November 13, 2020, The Court agrees with Judge Fox's well-reasoned Report and hereby adopts its reasoning in its entirety; Accordingly, the Petition is dismissed with prejudice; Since Petitioner has not made a substantial showing of the denia l of a constitutional right, a certificate of appealability will not issue; See 28 U.S.C. § 2253(c). Pursuant to 28 U.S.C. § 1915(a), any appeal from this Order would not be taken in good faith; therefore in forma pauperis status is denied for the purpose of any appeal, and this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/23/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

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Case 1:17-cv-07529-KPF-KNF Document 56 Filed 11/23/20 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X LAWRENCE ELLIOT, Petitioner, 17 CIVIL 7529 (KPF) MICHAEL KIRKPATRICK -against- JUDGMENT Respondent. -------------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 13, 2020, The Court agrees with Judge Fox’s well-reasoned Report and hereby adopts its reasoning in its entirety; Accordingly, the Petition is constitutional right, a certificate of appealability will not issue; See 28 U.S.C. § 2253(c). dismissed with prejudice; Since Petitioner has not made a substantial showing of the denial of a Pursuant to 28 U.S.C. § 1915(a), any appeal from this Order would not be taken in good faith; therefore in forma pauperis status is denied for the purpose of any appeal, and this case is closed. DATED: New York, New York November 23, 2020 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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