Allen v. Costello

Allen v. Costello

Petitioner:	David Allen
Respondent:	Joseph Costello
Case Number:	1:2003cv04957
Filed:	February 8, 2008
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Raymond J. Dearie
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
February 8, 2008	Filing 68 MEMORANDUM AND ORDER: The Court construes petitioner's letter dated 1/4/08 as a motion for reconsideration pursuant to Rule 59(e) of the FRCP, and Local Rule 6.3. Petitioner's motion for reconsideration is denied. Because petitioner has n ot made a substantial showing of the denial of any constitutional right, no certificate of appealability shall issue. Petitioner shall have 30 days from the entry of this order to file a notice of appeal from the judgment entered denying his applica tion for a writ of habeas corpus under Federal Rule of Appellate Procedure 4(a)(4)(A)(v). However, 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 IFP status is denied for purpose of an appeal. C/M with appeals package. Ordered by Chief Judge Raymond J. Dearie on 2/7/08. (Chee, Alvin)

Date Filed

Document Text

February 8, 2008

Filing 68 MEMORANDUM AND ORDER: The Court construes petitioner's letter dated 1/4/08 as a motion for reconsideration pursuant to Rule 59(e) of the FRCP, and Local Rule 6.3. Petitioner's motion for reconsideration is denied. Because petitioner has n ot made a substantial showing of the denial of any constitutional right, no certificate of appealability shall issue. Petitioner shall have 30 days from the entry of this order to file a notice of appeal from the judgment entered denying his applica tion for a writ of habeas corpus under Federal Rule of Appellate Procedure 4(a)(4)(A)(v). However, 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 IFP status is denied for purpose of an appeal. C/M with appeals package. Ordered by Chief Judge Raymond J. Dearie on 2/7/08. (Chee, Alvin)

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Petitioner: David Allen
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Respondent: Joseph Costello
Represented By:	Danielle L. Attias
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