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Gonzalez v. Superintendent, Five Points Corr. Facility

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 16, 2021
19 CIVIL 1084 (NSR) (AEK) (S.D.N.Y. Mar. 16, 2021)

Opinion

19 CIVIL 1084 (NSR) (AEK)

03-16-2021

Justin Gonzalez, Petitioner, v. SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, Respondent.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 15, 2021, the Court adopts MJ Krause's R & R in its entirety. The petition for a writ of habeas corpus is therefore 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); Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 225, 259-60 (2d Cir. 1997). The Court certifies pursuant to 18 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 purposes 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

March 16, 2021

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Gonzalez v. Superintendent, Five Points Corr. Facility

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 16, 2021
19 CIVIL 1084 (NSR) (AEK) (S.D.N.Y. Mar. 16, 2021)
Case details for

Gonzalez v. Superintendent, Five Points Corr. Facility

Case Details

Full title:Justin Gonzalez, Petitioner, v. SUPERINTENDENT, FIVE POINTS CORRECTIONAL…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 16, 2021

Citations

19 CIVIL 1084 (NSR) (AEK) (S.D.N.Y. Mar. 16, 2021)