Jones v. Avanzato et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 45 Report and Recommendations. The Court adopts MJ Davison's R&R in its entirety. The action is dismissed in its entirety for lack of prosecution. The Clerk of Court is directed to close this ca se accordingly. As Plaintiff has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253( c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Lozada v. Un ited States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 225, 259-60 (2d Cir. 1997). The Court certifies pursuant to 18 U.S.C. § 1915(a)(3) that any appeal from this order would not be ta ken in good faith, and therefore in form a pauperis status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered. (Signed by Judge Nelson Stephen Roman on 3/21/17) Copies Mailed By Chambers. (yv)