Ayala v. Ercole

Ayala v. Ercole

Petitioner:	Benjamin Ayala
Respondent:	Robert Ercole
Case Number:	1:2009cv03400
Filed:	July 27, 2009
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
County:	Kings
Presiding Judge:	Lois Bloom
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
February 9, 2012	Filing 15 ORDER ADOPTING REPORT AND RECOMMENDATIONS - The court referred pro se petitioner's petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 to the Hon. Lois Bloom, United States Magistrate Judge, for the preparation of a Report and Recommendation. On June 28, 2011, Judge Bloom issued her Report and Recommendation ("R&R"). (See R&R, Doc. Entry No. 12.) Petitioner filed timely objections to the R&R. Upon due consideration and for the reasons set forth i n the ATTACHED WRITTEN SUMMARY ORDER, the R&R is adopted in its entirety and the petition is denied. Petitioner is denied a certificate of appealability as he has failed to make a "substantial showing of the denial of a constitutional right.&quo t; 28 U.S.C. § 2253(c)(2); see FED. R. APP. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Luciadore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). 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, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 2/9/2012. (Irizarry, Dora)

Date Filed

Document Text

February 9, 2012

Filing 15 ORDER ADOPTING REPORT AND RECOMMENDATIONS - The court referred pro se petitioner's petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 to the Hon. Lois Bloom, United States Magistrate Judge, for the preparation of a Report and Recommendation. On June 28, 2011, Judge Bloom issued her Report and Recommendation ("R&R"). (See R&R, Doc. Entry No. 12.) Petitioner filed timely objections to the R&R. Upon due consideration and for the reasons set forth i n the ATTACHED WRITTEN SUMMARY ORDER, the R&R is adopted in its entirety and the petition is denied. Petitioner is denied a certificate of appealability as he has failed to make a "substantial showing of the denial of a constitutional right.&quo t; 28 U.S.C. § 2253(c)(2); see FED. R. APP. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Luciadore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). 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, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 2/9/2012. (Irizarry, Dora)

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Petitioner: Benjamin Ayala
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Respondent: Robert Ercole
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