Memminger v. The People of The State of New York et al
| 1:2005cv00471 |
| January 14, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Michael H. Dolinger |
| William H. Pauley |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
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ORDER; that this Court adopts Magistrate Judge Dolinger's thorough and well reasoned Report in its entirety and denies Memminger's petition. Because Memminger has not made a substantial showing of the denial of a constitutional right, a cer tificate of appealability will not be issued. See 28 U.S.C. § 2253(c). In addition, this court Certifies pursuant to 28 U.S.C. § 19l5(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is directed to terminate all pending motions and mark this case as closed. (Signed by Judge William H. Pauley, III on 12/15/09) Copies Mailed By Chambers.(pl)
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Filing
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ORDER: Accordingly, this Court adopts Magistrate Judge Dolinger's thorough and well-reasoned Report in its entirety and denies Memminger's petition. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not be issued. The Clerk of the Court is directed to terminate all pending motions and mark this case as closed. (Signed by Judge William H. Pauley, III on 9/30/2009) Copies Mailed By Chambers.(jfe)
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Filing
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REPORT AND RECOMMENDATIONS: For the reasons stated, we recommend that the writ be denied and the petition dismissed. As Memminger has failed to make a substantial showing of the denial of a constitutional right, we also recommend that a certificate o f appealability not be issued. Failure to file timely objections may constitute a waiver of those objections both in the District Court and on later appeal to the United States Court of Appeals. Objections to R&R due by 9/28/2009 (Signed by Magistrate Judge Michael H. Dolinger on 9/9/2009) Copies Mailed By Chambers.(jpo)
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