Davalloo v. Kaplan

Filing 39

AMENDMENT TO MEMORANDUM OPINION AND ORDER OF OCTOBER 18, 2019: The Court amends its October 18, 2019, Memorandum Opinion and Order (Doc. #37), as follows: As petitioner has not made a substantial showing of the denial of a constitutional right, a ce rtificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d. Cir. 2005).In addition, the Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in goo d faith; 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). The Clerk is instructed to mail a copy of this Order to petitioner at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/7/2020) (kv) Transmission to Docket Assistant Clerk for processing.