Gutierrez v. Capra
Petitioner: Aaron Gutierrez
Respondent: Michael Capra
Case Number: 1:2014cv06887
Filed: November 19, 2014
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Lois Bloom
Presiding Judge: Kiyo A. Matsumoto
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

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Date Filed Document Text
April 5, 2019 Opinion or Order Filing 13 MEMORANDUM AND ORDER, For the reasons set forth above, the instant petitionfor a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED in its entirety. The Court declines to issue a certification of appealability because petitioner has no t shown that reasonable jurists could debate whether... the petition should have been resolved in a different manner or that theissues presented were adequate to deserve encouragement to proceed further." Middleton v. Att'ys Gen. of States of N.Y., Pennsylvania,396 F.3d 207, 209 {2d Cir. 2005); see also 28 U.S.C. § 2253 (c) (A certificate of appealability may issue... only if the applicant has made a substantial showing of thedenial of a constitutional right."). (Certificate of Appealability Denied re: 1 Petition for Writ of Habeas Corpus) Additionally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not betaken in good faith, and therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45, (1962). Clerk of Court is respectfully requested to enter judgment denying and dismissing the petition, serve a copy of this Memorandum and Order and the judgment on pro se petitioner, note service on the docket, and close thecase. (Ordered by Judge Kiyo A. Matsumoto on 4/5/2019) c/m Fwd. for Judgment. (Galeano, Sonia)
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Respondent: Michael Capra
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Petitioner: Aaron Gutierrez
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