Deas v. Capra

Deas v. Capra

Petitioner:	Herbert Deas
Respondent:	Michael Capra
Case Number:	1:2015cv01306
Filed:	February 21, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Loretta A. Preska
Nature of Suit:	General
Cause of Action:	18 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 24, 2016	Filing 23 ORDER: Accordingly, the Court hereby adopts the Report and Recommendation and, for the reasons therein, dismisses Petitioner's habeas petition with prejudice. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see 28 U.S.C. § 2253, and 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. Moreover, as petitioner& #039;s claim lacks any arguable basis in law or fact, permission to proceed in forma pauperis is also denied, 28 U.S.C. § 1915(g); see also In re Seimon, 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of Court is requested to enter judgment and terminate this action. (Signed by Judge Vernon S. Broderick on 10/24/2016) (cla) Modified on 10/24/2016 (cla).

Date Filed

Document Text

October 24, 2016

Filing 23 ORDER: Accordingly, the Court hereby adopts the Report and Recommendation and, for the reasons therein, dismisses Petitioner's habeas petition with prejudice. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see 28 U.S.C. § 2253, and 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. Moreover, as petitioner& #039;s claim lacks any arguable basis in law or fact, permission to proceed in forma pauperis is also denied, 28 U.S.C. § 1915(g); see also In re Seimon, 421 F.3d 167, 169 (2d Cir. 2005). The Clerk of Court is requested to enter judgment and terminate this action. (Signed by Judge Vernon S. Broderick on 10/24/2016) (cla) Modified on 10/24/2016 (cla).

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Petitioner: Herbert Deas
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Respondent: Michael Capra
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