Prispers v. Capra

Filing 14

CLERK'S JUDGMENT re: 13 Order Adopting Report and Recommendations, in favor of Michael Capra against Marc Rispers. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order da ted December 21, 2021, 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 co nstitutional 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 this 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). (Signed by Clerk of Court Ruby Krajick on 12/21/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

Case 7:18-cv-04604-VB-PED Document 14 Filed 12/21/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------X
MARC RISPERS
18 CIVIL 4604 (VB)

Petitioner,

JUDGMENT

-againstMICHAEL CAPRA

Respondent
-----------------------------------------------------------X
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Memorandum Opinion and Order dated December 21, 2021, 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. 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 this 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).

Dated: New York, New York
December 21, 2021

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk