Antoine v. Warden

Filing 25

CLERK'S JUDGMENT re: 24 Order Adopting Report and Recommendations, in favor of Warden against Amanze Antoine. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 7, 2021, The Co urt adopts the R&R in its entirety as the opinion of the Court. The motion to dismiss is GRANTED. The petition for a writ of habeas corpus is DISMISSED; 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, 44445 (1962). (Signed by Clerk of Court Ruby Krajick on 9/7/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

Case 7:20-cv-05130-VB-AEK Document 25 Filed 09/07/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AMANZE ANTOINE,
Petitioner,

20 CIVIL 5130 (VB)

-against-

JUDGMENT

WARDEN,

Respondent.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in
the Court's Order dated September 7, 2021, The Court adopts the R&R in its entirety as the opinion
of the Court. The motion to dismiss is GRANTED. The petition for a writ of habeas corpus is
DISMISSED; 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
September 7, 2021
RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk