Smith v. Smith

Smith v. Smith

Petitioner:	Lavonne Smith
Respondent:	Joseph T. Smith
Case Number:	1:2010cv02268
Filed:	May 13, 2010
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Habeas Corpus (General)
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 15, 2012	Filing 9 ORDER ADOPTING REPORT AND RECOMMENDATION. For the reasons set forth in the attached Memorandum and Order, the court adopts Magistrate Judge Bloom's Report and Recommendation 8 as the opinion of the court. In addition, as recommended in the R eport and Recommendation, the court will not issue a certificate of appealability because petitioner has not made a substantial showing of the denial of any constitutional right, see 28 U.S.C. § 2253(c), and certifies, pursuant to 28 U.S.C. 7; 1915(a)(3), that any appeal from this judgment denying the petition would not be taken in good faith. Counsel for the respondent shall serve a copy of the attached Memorandum and Order upon pro se petitioner and file a declaration of service by 02/17/12. The Clerk of the Court is respectfully directed to enter judgment denying and dismissing the petition in accordance with the Report and Recommendation and to close this case. Ordered by Judge Kiyo A. Matsumoto on 2/15/2012. (Ravi, Sagar)

Date Filed

Document Text

February 15, 2012

Filing 9 ORDER ADOPTING REPORT AND RECOMMENDATION. For the reasons set forth in the attached Memorandum and Order, the court adopts Magistrate Judge Bloom's Report and Recommendation 8 as the opinion of the court. In addition, as recommended in the R eport and Recommendation, the court will not issue a certificate of appealability because petitioner has not made a substantial showing of the denial of any constitutional right, see 28 U.S.C. § 2253(c), and certifies, pursuant to 28 U.S.C. 7; 1915(a)(3), that any appeal from this judgment denying the petition would not be taken in good faith. Counsel for the respondent shall serve a copy of the attached Memorandum and Order upon pro se petitioner and file a declaration of service by 02/17/12. The Clerk of the Court is respectfully directed to enter judgment denying and dismissing the petition in accordance with the Report and Recommendation and to close this case. Ordered by Judge Kiyo A. Matsumoto on 2/15/2012. (Ravi, Sagar)

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Respondent: Joseph T. Smith
Represented By:	KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
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Petitioner: Lavonne Smith
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