Gabbidon v. Lee

Filing 35

CLERK'S JUDGMENT re: 34 Order Adopting Report and Recommendations in favor of William A. Lee against Craig E. Gabbidon. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 16, 2022, the Court has adopted the R&R 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 i ssue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. SeeCoppedge v. United States, 369 U.S. 438, 44445 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/16/2022) (Attachments: # 1 Right to Appeal) (km)

Case 7:18-cv-02248-VB-JCM Document 35 Filed 05/16/22 Page 1 of 1
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CRAIGE. GABBIDON,
18 CIVIL 2248 (VB)

Petitioner,

JUDGMENT

-againstWILLIAM A. LEE, Superintendent, Eastern
Correctional Facility,
Respondent.

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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Order dated May 16, 2022, the Court has adopted the R&R 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. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court
certifies, pursuant to 28 U.S.C. § 19 I 5(a)(3), that any appeal from the 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, 44445 (1962); accordingly, the case is closed.
Dated: New York, New York
May 16, 2022
RUBY J. KRAJICK
Clerk of Court
BY:

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Deputy