Smith v. Lee

Smith v. Lee

Petitioner:	Damon Smith
Respondent:	William A. Lee
Case Number:	1:2011cv08376
Filed:	November 17, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Dutchess
Presiding Judge:	Paul A. Engelmayer
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 7, 2013	Filing 44 OPINION AND ORDER: For the foregoing reasons, the petition for a writ of habeas corpus is denied. In addition, the Court declines to issue a certificate of appealability. Smith has not made a substantial showing of a denial of a federal right, and a ppellate review is therefore not warranted. See 28 U.S.C. § 2253(c); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438,445 (1962). (Signed by Judge Paul A. Engelmayer on 6/7/2013) (js)
July 24, 2012	Filing 36 OPINION AND ORDER: re: 12 MOTION to Dismiss. filed by William A. Lee. For the reasons stated in this Order, respondent's motion to dismiss the petition is DENIED. The Clerk of Court is instructed to terminate the motion pending at docket entry 12. Respondent is directed to respond to the petition, on the merits, within 30 days from the date of this Order. Petitioner may file and serve reply papers, if any, within 60 days from the date of this Order. (Signed by Judge Paul A. Engelmayer on 7/24/2012) (pl)

Date Filed

Document Text

June 7, 2013

Filing 44 OPINION AND ORDER: For the foregoing reasons, the petition for a writ of habeas corpus is denied. In addition, the Court declines to issue a certificate of appealability. Smith has not made a substantial showing of a denial of a federal right, and a ppellate review is therefore not warranted. See 28 U.S.C. § 2253(c); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438,445 (1962). (Signed by Judge Paul A. Engelmayer on 6/7/2013) (js)

July 24, 2012

Filing 36 OPINION AND ORDER: re: 12 MOTION to Dismiss. filed by William A. Lee. For the reasons stated in this Order, respondent's motion to dismiss the petition is DENIED. The Clerk of Court is instructed to terminate the motion pending at docket entry 12. Respondent is directed to respond to the petition, on the merits, within 30 days from the date of this Order. Petitioner may file and serve reply papers, if any, within 60 days from the date of this Order. (Signed by Judge Paul A. Engelmayer on 7/24/2012) (pl)

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Respondent: William A. Lee
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Petitioner: Damon Smith
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