Scott v. United States of America

Filing 10

CLERK'S JUDGMENT re: 9 Order in favor of United States of America against David Terrell Scott. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 14, 2019, Petitioner's Petition for Writ of Habeas Corpus is dismissed. 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 Di v. of Parole, 209 F.3d 107, 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 fin ding 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). Judgment is entered in favor of respondent; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/15/2019) (Attachments: # 1 Right to Appeal)(km) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DA YID TERRELL SCOTT,
16 CIVIL 4262 (KMK)
12 CR. 909 (KMK)

Petitioner,

JUDGMENT

-againstUNITED STATES OF AMERICA,
Respondent.

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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated November 14, 2019, Petitioner's Petition for Writ of Habeas
Corpus is dismissed. 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 107, 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 finding 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). Judgment is entered in favor ofrespondent;
accordingly, the case is closed.
DATED: New York, New York
November 15, 2019
RUBY J. KRAJICK
Clerk of Court
BY:

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Deputy Clerk