Gonzalez-Alvarez v. Eckert

Filing 27

CLERK'S JUDGMENT re: 26 Order Adopting Report and Recommendations in favor of Stewart Eckert against Jonathan Gonzalez-Alvarez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated May 17, 2023, Petitioner's writ of habeas corpus is DISMISSED with prejudice and the R&R is adopted in full. Because Petitioner has not made a substantial showing of the denial of a constitutional right, the Court will not issue a certi ficate of appealability, see 28 U.S.C. §2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000), and the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the Order would not be taken in good faith. Judgment is entered in favor of Respondent; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/17/2023) (Attachments: # 1 Appeal Package) (km)

Case 1:17-cv-09773-ALC-JLC Document 27 Filed 05/17/23 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JONATHAN GONZALEZ-ALVAREZ,
-against-

Petitioner,

17 CIVIL 9773 (ALC)(JLC)

JUDGMENT

STEWART ECKERT,
Respondent.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Opinion & Order dated May 17, 2023, Petitioner's writ of habeas corpus is
DISMISSED with prejudice and the R&R is adopted in full. Because Petitioner has not made a
substantial showing of the denial of a constitutional right, the Court will not issue a certificate of
appealability, see 28 U.S.C. §2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107,
111-12 (2d Cir. 2000), and the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any
appeal from the Order would not be taken in good faith. Judgment is entered in favor of
Respondent; accordingly, the case is closed.
Dated: New York, New York
May 17, 2023
RUBY J. KRAJICK
_________________________
Clerk of Court
BY:

_________________________
Deputy Clerk