Rizk v. Tedford

Filing 26

CLERK'S JUDGMENT re: 25 Order Adopting Report and Recommendations. in favor of Jeffrey Tedford against Sherif Rizk. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 12, 2020, Mag istrate Judge Parker's August 26, 2019 R&R is adopted in full with one exception, which is indicated in note 2 of the Order; the petition for a writ of habeas corpus is denied; the Court declines to issue a certificate of appealability; Petition er has not made a substantial showing of the denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appeallate review is not warranted; the Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and permission to proceed in forma pauperis for purposes of appeal is denied. (Signed by Clerk of Court Ruby Krajick on 05/13/2020) (Attachments: # 1 Notice of Right to Appeal) (dt)

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Case 1:18-cv-00204-VEC-KHP Document 26 Filed 05/13/20 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------X SHERIF RIZK, Petitioner, 18 CIVIL 204 (VEC) JUDGMENT -againstJEFFREY TEDFORD, Superintendent, Adirondack Correctional Facility, Respondent. --------------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 12, 2020, Magistrate Judge Parker’s August 26, 2019 R&R is adopted in full with one exception, which is indicated in note 2 of the Order; the petition for a writ of habeas corpus is denied; the Court declines to issue a certificate of appealability; Petitioner has not made a substantial showing of the denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appeallate review is not warranted; the Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and permission to proceed in forma pauperis for purposes of appeal is denied. DATED: New York, New York May 13, 2020 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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