Summary
finding the period that a petitioner was confined to the Central New York Psychiatric Center without his legal documents equitably tolled the AEDPA limitations period
Summary of this case from Price v. WalshOpinion
08 Civ. 5819 (SHS).
June 29, 2011
ORDER
On May 4, 2011, Magistrate Judge Ronald L. Ellis issued a Report and Recommendation recommending that Gomez-Kadawid's petition pursuant to 28 U.S.C. § 2254 be denied. Objections to the Report Recommendation were received by the Court on June 17, 2011. After a de novo review of the May 4, 2011, Report and Recommendation, and petitioner's objections,
IT IS HEREBY ORDERED that:
1. Magistrate Judge Ellis' Report and Recommendation is adopted;
2. The petition pursuant to 28 U.S.C. § 2254 is dismissed;
3. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007); and
4. Pursuant to 28 U.S.C. § 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith.
SO ORDERED.