Torres v. Racette

Torres v. Racette

Petitioner:	Pedro Torres
Respondent:	Superintendent Steven E. Racette
Case Number:	1:2011cv01647
Filed:	March 30, 2011
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Sandra L. Townes
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
October 2, 2018	Filing 7 MEMORANDUM AND OPINION: For the reasons set forth in the attached, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied. Petitioner Torres is denied a certificate of appealability, as he has failed to make a &q uot;substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Middleton v. Attys Gen., 396 F.3d 207, 209 (2d Cir. 2005) (denying certificate of appealability where petitioner has not shown that " reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further") (internal quotation marks and citation omitted). Addit ionally, 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, 444-45 (1962). The Clerk of Court is respectfully requested to enter judgment and close this case accordingly. Ordered by Judge Pamela K. Chen on 10/2/2018. (Hess, Alexandra)

Date Filed

Document Text

October 2, 2018

Filing 7 MEMORANDUM AND OPINION: For the reasons set forth in the attached, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is denied. Petitioner Torres is denied a certificate of appealability, as he has failed to make a &q uot;substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Middleton v. Attys Gen., 396 F.3d 207, 209 (2d Cir. 2005) (denying certificate of appealability where petitioner has not shown that " reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further") (internal quotation marks and citation omitted). Addit ionally, 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, 444-45 (1962). The Clerk of Court is respectfully requested to enter judgment and close this case accordingly. Ordered by Judge Pamela K. Chen on 10/2/2018. (Hess, Alexandra)

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Respondent: Superintendent Steven E. Racette
Represented By:	KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By:	Thomas M. Ross
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Petitioner: Pedro Torres
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