Wallace v. Jacobson

Filing 22

CLERK'S JUDGMENT re: 21 Order Adopting Report and Recommendations in favor of Catherine Jacobson against Mark Wallace. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Orde r dated November 4, 2020, the 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 appealabi lity 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. § 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/4/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing.

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Case 7:18-cv-02905-VB-JCM Document 22 Filed 11/04/20 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X MARK WALLACE, Petitioner, 18 CIVIL 2905 (VB) JUDGMENT -againstCATHERINE JACOBSON, Respondent. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated November 4, 2020, the 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. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962); accordingly, the case is closed. Dated: New York, New York November 4, 2020 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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