Opinion
17 CIVIL 7832 (VB)
12-04-2019
JOSE GUAPALUPE, Plaintiff, v. SUPERINTENDENT, Upstate Corrctional Facility, Defendants.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated December 4, 2019, Magistrate Judge Paul E. Davison's R&R is adopted as the opinion of the Court, and the petition for a writ of habeas corpus is denied; as petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue; the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Court's order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal; accordingly, this case is closed. Dated: New York, New York
December 4, 2019
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk