Elder v. Gramham

Elder v. Gramham

Petitioner:	Tyrone Elder
Respondent:	Harold Gramham
Case Number:	1:2015cv00327
Filed:	April 15, 2015
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
County:	Cayuga
Presiding Judge:	Richard J. Arcara
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 24, 2017	Filing 25 DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 24 . The petition for a writ of habeas corpus 1 pursuant to 28 U.S.C. 2254 and Petitioner's motion for a stay of the proceedings 23 are both denied. A Certificate of Appealability will not be issued based on Petitioner's failure to make a substantial showing of a denial of a constitutional right. Therefore, leave to appeal to the Court of Appeals as a poor person in denied. The C lerk of the Court shall take all steps necessary to close the case. A copy of this Decision and Order has been mailed to Tyrome Elder, 11-B-2094, AUBURN CORRECTIONAL FACILITY, Box 618, Auburn, NY 13021. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/24/17. (LAS)-CLERK TO FOLLOW UP-

Date Filed

Document Text

April 24, 2017

Filing 25 DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 24 . The petition for a writ of habeas corpus 1 pursuant to 28 U.S.C. 2254 and Petitioner's motion for a stay of the proceedings 23 are both denied. A Certificate of Appealability will not be issued based on Petitioner's failure to make a substantial showing of a denial of a constitutional right. Therefore, leave to appeal to the Court of Appeals as a poor person in denied. The C lerk of the Court shall take all steps necessary to close the case. A copy of this Decision and Order has been mailed to Tyrome Elder, 11-B-2094, AUBURN CORRECTIONAL FACILITY, Box 618, Auburn, NY 13021. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/24/17. (LAS)-CLERK TO FOLLOW UP-

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Petitioner: Tyrone Elder
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Respondent: Harold Gramham
Represented By:	Alyson Gill (e-service) Arlene Roces (e-service)
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