Aponte v. Horn

Aponte v. Horn

Petitioner:	Herbert Aponte
Respondent:	Michael Horn
Case Number:	1:2015cv02201
Filed:	April 15, 2015
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
March 4, 2016	Filing 6 ORDER. For the reasons set forth in the annexed opinion and those set forth in the court's February 28, 2011 memorandum and order in No. 09-cv-4334, petitioner's instant habeas petitions are dismissed. Furthermore, the court notifies petiti oner that if he files any further repetitious filings challenging the same 3/8/06 conviction, the court may direct petitioner to show cause why an order barring him from filing any future in forma pauperis petitions without first obtaining leave of c ourt should not be entered. Since petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. 2253(c)(2); see also Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112-13 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. 1915(a) that any appeal from a judgment denying the instant petition would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is directed to enter judgment in and close these three cases. The Clerk of Court is further directed to send a copy of this memorandum and order to petitioner. Ordered by Judge Kiyo A. Matsumoto on 3/4/2016. (Jacobson, Jonathan)

Date Filed

Document Text

March 4, 2016

Filing 6 ORDER. For the reasons set forth in the annexed opinion and those set forth in the court's February 28, 2011 memorandum and order in No. 09-cv-4334, petitioner's instant habeas petitions are dismissed. Furthermore, the court notifies petiti oner that if he files any further repetitious filings challenging the same 3/8/06 conviction, the court may direct petitioner to show cause why an order barring him from filing any future in forma pauperis petitions without first obtaining leave of c ourt should not be entered. Since petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. 2253(c)(2); see also Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112-13 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. 1915(a) that any appeal from a judgment denying the instant petition would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is directed to enter judgment in and close these three cases. The Clerk of Court is further directed to send a copy of this memorandum and order to petitioner. Ordered by Judge Kiyo A. Matsumoto on 3/4/2016. (Jacobson, Jonathan)

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Petitioner: Herbert Aponte
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Respondent: Michael Horn
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