Case Details

CourtSouthern District of New York
Docket number7:06-cv-03868-FPS
Date case filed
Date case closed
Date of latest filing
Assigned to
Case cause42:1983 Prisoner Civil Rights
Nature of suitPrisoner: Prison Condition
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
752013-07-31 MEMORANDUM OPINION AND ORDER AFFIRMING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: Based upon a de novo review of the record the report and recommendation of the magistrate judge is hereby AFFIRMED and ADOPTED. As such, it is ORDERED this civil action be DISMISSED WITHOUT PREJUDICE and STRICKEN from the active docket of this Court. Should the plaintiff choose to appeal the judgment of this Court to the United States Court of Appeals for the Second Circuit, he is ADVISED that he must file a notice of appeal with the Clerk of this Court within 30 days after the date of the entry of this judgment order. This Court finds that it is inappropriate to issue a certificate of appealability in this matter. Specifically, the Court finds th at the plaintiff has not made a "substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253(c)(2). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of th e constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). Upon review of the record, this Court finds that the plaintiff has not made the requisite showing. Accordingly, the plaintiff is DENIED a certificate of appealability. The plaintiff may, however, request a circuit judge of the United States Court of Appeals for the Second Circuit to issue the certificate. IT IS SO ORDERED. (Signed by Judge Frederick P. Stamp, Jr on 7/30/2013) (lnl)