Loucks v. Capra

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations, The Court adopts the legal analysis and conclusions of MJ McCarthy's R & R. Petitioner's Writ of Habeas Corpus is DENIED and the Petition is DISMISSED. For the reasons stated above, the Court adopts MJ McCarthy's R & R analysis and conclusions of law in its entirety. The Petition for a Writ of Habeas Corpus is DENIED. The Court respectfully directs the Clerk of Court to enter Judgment consiste nt with the R & R (dismissing the petition), to mail a copy of this Order and subsequent judgment of dismissal to Petitioner at the last address listed on ECF, and to show proof of service on the docket. As Petitioner has not made a substantial s howing of the denial of a constitutional right, a certificate of appealability will not be issued. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005); Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrog ated 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 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). (Signed by Judge Nelson Stephen Roman on 10/4/2019) (rj) Transmission to Orders and Judgments Clerk for processing.