From Casetext: Smarter Legal Research

Bowie v. Lee

United States District Court, S.D. New York
Dec 28, 2021
13 CIVIL 7317 (KMK)(PED) (S.D.N.Y. Dec. 28, 2021)

Opinion

13 CIVIL 7317 (KMK)(PED)

12-28-2021

PATRICK BOWIE, Petitioner, v. WILLIAM LEE, Superintendent, Green Haven Correctional Facility, Respondent.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated December 28, 2021, the Court, having conducted a thorough review of the remainder of the R&R, finds no error, clear or otherwise. The Court has therefore adopted the outcome of Judge Davison's R&R. Petitioner's writ of habeas corpus is dismissed with prejudice. As Petitioner has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not be issued, see 28 U.S.C. § 2253(c)(2); Lucidore v. N.Y. State Div. of Patrol, 209 F.3d 107, 11112 (2d Cir. 2000), and the Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith, see Coppedge v. United States, 369 U.S. 438, 445 (1962) ("We consider a [petitioners] good faith... demonstrated when he seeks appellate review of any issue not frivolous."); Burda Media Inc. v. Blumenberg, 731 F.Supp.2d 321, 32223 (S.D.N.Y. 2010) (citing Coppedge and noting that "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it was not taken in good faith" (italics and quotation marks omitted)). Judgment is entered in favor of Respondent; accordingly, the case is closed.


Summaries of

Bowie v. Lee

United States District Court, S.D. New York
Dec 28, 2021
13 CIVIL 7317 (KMK)(PED) (S.D.N.Y. Dec. 28, 2021)
Case details for

Bowie v. Lee

Case Details

Full title:PATRICK BOWIE, Petitioner, v. WILLIAM LEE, Superintendent, Green Haven…

Court:United States District Court, S.D. New York

Date published: Dec 28, 2021

Citations

13 CIVIL 7317 (KMK)(PED) (S.D.N.Y. Dec. 28, 2021)