Williams v. LeVally

Filing 97

ORDER for 72 Report and Recommendation. The Court adopts Judge Smith's R&R as modified herein. Petitioner's writ of habeas corpus, (Dkt. No. 48), is accordingly dismissed with prejudice. The Court also denies Petitioner's Motion to Amend. (Dkt. No. 94.) As Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. § 2253(c)(2); Lucidore v. NY. State Div. of Parole, 209 F.3d 1 07, 111-12 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) (" We consider a defendant's good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citing Coppedge and noting that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith). The Clerk of the Court is respectfully directed to enter judgment in favor of Respondent, close the case, and mail a copy of this Order to Plaintiff. (Signed by Judge Kenneth M. Karas on 10/16/2017) (mml)