DeVault v. Griffin

Filing 32

CLERK'S JUDGMENT re: 31 Memorandum & Opinion. in favor of Thomas Griffin against Kevin DeVault. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated August 31, 202 0, the Court adopts the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is denied; accordingly, this case is closed. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue; 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. (Signed by Clerk of Court Ruby Krajick on 08/31/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.

Case 7:16-cv-07281-VB-LMS Document 32 Filed 08/31/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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KEVIN DEVAULT,
16 CIVIL 7281 (VB)

Petitioner,

JUDGMENT

-againstTHOMAS GRIFFIN,

Respondent.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Memorandum Opinion and Order dated August 31, 2020, the Court adopts
the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is denied;
accordingly, this case is closed. As petitioner has not made a substantial showing of the denial of
a constitutional right, a certificate of appealability will not issue; 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.
DATED: New York, New York
August 31, 2020
RUBY J. KRAJICK
______________________
Clerk of Court
BY:

______________________
Deputy Clerk