Opinion
18 CIVIL 7017 (JMF)
04-22-2020
GAETANO D'ATTORE, Plaintiff, v. JAMIE LaMANNA, Superintendent of the Green Haven Correctional Facility, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated April 21, 2020, the petition filed by D'Attore is dismissed as moot on the basis that Petitioner is deceased, and the case is dismissed. As D'Attore has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue at this time; In addition, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied; accordingly, this case is closed. DATED: New York, New York
April 22, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk