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Urena v. Annucci

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Oct 26, 2020
17 CIVIL 2835 (NSR)(JCM) (S.D.N.Y. Oct. 26, 2020)

Opinion

17 CIVIL 2835 (NSR)(JCM)

10-26-2020

CHRISTIAN URENA, Plaintiff, v. COMMISSIONER ANTHONY ANNUCCI, New York State Department of Corrections & Community Supervision, Defendant.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 23, 2020, MJ McCarthy's R & R is adopted 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 the 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

October 26, 2020

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Urena v. Annucci

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Oct 26, 2020
17 CIVIL 2835 (NSR)(JCM) (S.D.N.Y. Oct. 26, 2020)
Case details for

Urena v. Annucci

Case Details

Full title:CHRISTIAN URENA, Plaintiff, v. COMMISSIONER ANTHONY ANNUCCI, New York…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Oct 26, 2020

Citations

17 CIVIL 2835 (NSR)(JCM) (S.D.N.Y. Oct. 26, 2020)