Tyson v. Baltazar et al

Filing 17

MEMORANDUM OPINION AND ORDER: Adopting REPORT AND RECOMMENDATION for 16 Report and Recommendation. The R&R is adopted as the opinion of the Court. The petition for a writ of habeas corpus is DENIED. The Clerk is instructed to (i) enter judgment a ccordingly, (ii) mail a copy of this memorandum opinion and order to petitioner, and (iii) close this case. As 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); Love v. McCray, 413 F.3d 192, 195 (2nd Cir. 2005). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/01/2018) (ama) Modified on 2/1/2018 (ama).