Stapleton v. Graham

Stapleton v. Graham

Petitioner:	Theil T. Stapleton
Respondent:	Harold D. Graham
Case Number:	1:2009cv00382
Filed:	January 27, 2009
Court:	US District Court for the Eastern District of New York
Office:	Habeas Corpus (General) Office
County:	Kings
Presiding Judge:	Eric N. Vitaliano
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
May 6, 2011	Filing 25 ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER ADOPTING REPORT AND RECOMMENDATIONS, For the foregoing reasons, upon de novo review, the Court finds that USMJ Bloom's R&R to be correct, well-reasonsed, and free of any clear error. The Court, th erefore, adopts the R&R in its entirety, as supplemented by this Memorandum and Order, as the opinion of the Court. Additionally, re: the new claims raised by petitioner in his objections to Judge Bloom's R&R, the Court finds that they are witho ut merit. Stapleton's petition for a writ of habeas corpus is, accordingly, dismissed with prejudice and the writ is denied. Since Stapleton has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealabil ity shall not issue. In this light, the Court certifies pursuant to 28 USC sec. 1915(a) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. The Clerk of the Court is directed to enter judgment and to close this case. Certificate of Appealability Denied re: 1 Petition for Writ of Habeas Corpus. (Ordered by Judge Eric N. Vitaliano on 5/6/2011) c/m Fwd. for Judgment. (Galeano, Sonia)
December 28, 2009	Filing 13 ORDER, Petitioner's application for pro bono counsel is again denied. There is no right to counsel in a civil case. Here, the instant petition seeking a Writ of Habeas Corpus is fully briefed. Petitioner will be notified when a decision is made in his case. (Ordered by Magistrate Judge Lois Bloom on 12/28/2009) c/m (Galeano, Sonia)

Date Filed

Document Text

May 6, 2011

Filing 25 ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER ADOPTING REPORT AND RECOMMENDATIONS, For the foregoing reasons, upon de novo review, the Court finds that USMJ Bloom's R&R to be correct, well-reasonsed, and free of any clear error. The Court, th erefore, adopts the R&R in its entirety, as supplemented by this Memorandum and Order, as the opinion of the Court. Additionally, re: the new claims raised by petitioner in his objections to Judge Bloom's R&R, the Court finds that they are witho ut merit. Stapleton's petition for a writ of habeas corpus is, accordingly, dismissed with prejudice and the writ is denied. Since Stapleton has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealabil ity shall not issue. In this light, the Court certifies pursuant to 28 USC sec. 1915(a) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. The Clerk of the Court is directed to enter judgment and to close this case. Certificate of Appealability Denied re: 1 Petition for Writ of Habeas Corpus. (Ordered by Judge Eric N. Vitaliano on 5/6/2011) c/m Fwd. for Judgment. (Galeano, Sonia)

December 28, 2009

Filing 13 ORDER, Petitioner's application for pro bono counsel is again denied. There is no right to counsel in a civil case. Here, the instant petition seeking a Writ of Habeas Corpus is fully briefed. Petitioner will be notified when a decision is made in his case. (Ordered by Magistrate Judge Lois Bloom on 12/28/2009) c/m (Galeano, Sonia)

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Petitioner: Theil T. Stapleton
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Respondent: Harold D. Graham
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