Guadalupe v. Keyser

Filing 26

CLERK'S JUDGMENT re: 25 Order Adopting Report and Recommendations. in favor of Superintendent, Upstate Correctional Facility against Jose A. Guadalupe. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court&# 039;s Order dated December 4, 2019, Magistrate Judge Paul E. Davison's R&R is adopted as the opinion of the Court, and the petition for a writ of habeas corpus is denied; as petitioner has not made a substantial showing of the denial of a consti tutional 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 Court's order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 12/4/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOSE GUAPALUPE,
Plaintiff,
-against-

17

CIVIL 7832 (VB)
JUDGMENT

SUPERINTENDENT, Upstate Corrctional
Facility,
Defendants.

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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated December 4,2019, Magistrate Judge Paul E. Davison's R&R is
adopted as the opinion of the Court, and the petition for a writ of habeas corpus is denied; 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 Court's order would not be taken in good faith, and therefore in forma pauperis
status is denied for the purpose of an appeal; accordingly, this case is closed.
Dated: New York, New York
December 4, 2019

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