Opinion
19 CIVIL 2980 (AJN)(SLC)
01-22-2021
Devaughn Campbell, Petitioner, v. Timothy McCarthy, Superintendent of Auburn Correctional Facility Respondent.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 22, 2021, no objections to the Report & Recommendation have been filed, and the deadline for objections has passed. The Court reviewed the Report & Recommendation for clear error and found none. The Report & Recommendation is ADOPTED in its entirety and the Petitioner's § 2254 petition is dismissed. Because Petitioner "has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue." The Court certifies under 28 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 purpose of an appeal. See Coppedge v United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue); accordingly, the case is closed. Dated: New York, New York
January 22, 2021
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk