Waters v. Martuscello
Petitioner: Keith Waters
Respondent: Daniel Martuscello
Case Number: 1:2010cv05700
Filed: November 24, 2010
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Dora Lizette Irizarry
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 27, 2014 Opinion or Order Filing 32 ORDER DENYING PETITION OF WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Petition made pursuant to 28 U.S.C. § 2254 is dismissed in its entirety. Petitio ner is further denied a certificate of appealability, as he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see FED. R. APP. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Lucidore 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the ATTACHED WRITTEN MEMORANDUM AND ORDER to pro se Petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/27/2014. (Irizarry, Dora)
March 12, 2012 Opinion or Order Filing 26 ORDER granting 12 Motion to Quash - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, Petitioner's motion for issuance and service of a subpoena is denied and Respondent's motion to quash the subpoena is granted in its en tirety. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this order would not be taken in good faith, and, therefore, in forma pauperis is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438 (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.. Ordered by Judge Dora Lizette Irizarry on 3/12/2012. (Irizarry, Dora)
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Respondent: Daniel Martuscello
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Petitioner: Keith Waters
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