Thomas v. Griffin

Filing 37

CLERK'S JUDGMENT re: 36 Order Adopting Report and Recommendations in favor of Patrick Griffin against Forest Thomas. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 27, 2020 , the R&R is ADOPTED in its entirety and the Petition is DISMISSED. Because Petitioner 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); Luci dore 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; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/27/2020) (Attachments: # 1 Right to Appeal)(km) Transmission to Docket Assistant Clerk for processing.

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,;====- ,---=--=--=-=·====·--=----USDC SDNY DOCUI\-1CNT ELECTRONICALLY Fll,ED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X DOC#: _ _ _- + - - - . - - /(}w0 DATE FILED: L - ~ - - - f/J1 FOREST THOMAS, 14 Petitioner, CIVIL 3559 (KMK) JUDGMENT -againstPATRICK GRIFFIN, Respondent. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 27, 2020, the R&R is ADOPTED in its entirety and the Petition is DISMISSED. Because Petitioner 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); 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. § l 915(a)(3), that any appeal from the Order would not be taken in good faith; accordingly, the case is closed. Dated: New York, New York January 27, 2020 RUBY J. KRAJICK Clerk of Court BY: ~\EV

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