Johnson v. Noeth et al
Phillip Johnson |
Joseph H. Noeth, Anthony J. Annucci and NYS Department of Corrections and Community Supervision, Parole |
6:2017cv06802 |
November 17, 2017 |
US District Court for the Western District of New York |
Rochester Office |
Wyoming |
David G. Larimer |
Civil Rights |
28 U.S.C. ยง 2254 |
None |
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Filing 22 DECISION AND ORDER Petitioner's petition for a writ of habeas corpus 1 is dismissed without prejudice to petitioner's refiling of a petition, once he has exhausted his state remedies. Because there has not been a substantial showing of t he denial of a constitutional right, see 28 U.S.C. § 2253(c)(2), the Court declines to issue a certificate of appealability. The Clerk of Court is directed to close this case. Signed by Hon. David G. Larimer on 11/15/2018. Copy of this Decision and Order sent by First Class Mail to plaintiff Phillip Johnson on 11/15/2018 to his address of record. (KAH) -CLERK TO FOLLOW UP- |
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