Opinion
17 CIVIL 157 (PKC) (DF)
12-21-2020
LYXON CHERY, Petitioner, v. ROBERT F. CUNNINGHAM, Respondent.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 21, 2020, the ultimate conclusion of the R&R is adopted, and the petition pursuant to 28U.S.C. § 2254, is DENIED; judgment is entered for the respondent, and the case is closed. Chery has not made a substantial showing of the denial of a constitutional right and, accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). 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 in forma pauperis status is denied. DATED: New York, New York
December 21, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk