Lago v. Niles
Plaintiff: Joseph Lago
Defendant: Gene Niles
Case Number: 2:2011cv02083
Filed: April 27, 2011
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Sandra J. Feuerstein
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
February 1, 2012 Opinion or Order Filing 10 OPINION & ORDER: SO ORDERED that respondent's 7 motion to dismiss the petition is granted and the petition for a writ of habeas corpus is dismissed in its entirety with prejudice as time-barred. The Clerk of the Court is directed to enter judg ment in favor of respondent, to close this case and to service notice of entry of this Order on all parties in accordance with Rule 77(d)(l) of the Federal Rules of Civil Procedure, including mailing a copy of the order to the prose petitioner at his last known address. Pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253(a)(2), a certificate of appealability is denied, as petitioner has not made a substantial showing of a denial of a constitutional right. Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). Petitioner has a right to seek a certificate of appealability from the Court of Appeals for the Second Circuit. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 2/1/2012. (Florio, Lisa)
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Plaintiff: Joseph Lago
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Defendant: Gene Niles
Represented By: Anne E. Oh
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