Sandy v. Martuscello

Sandy v. Martuscello

Petitioner:	Kester Andre Sandy
Respondent:	Daniel F. Martuscello, Jr.
Case Number:	1:2016cv00421
Filed:	January 27, 2016
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Eric N. Vitaliano
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By:	None

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Date Filed	Document Text
August 25, 2016	Filing 12 MEMORANDUM AND ORDER, For the foregoing reasons, Sandy's petition for a writ of habeas corpus is dismissed as time-barred, and the writ if denied. Dismissal, certainly, is without prejudice to any right Sandy may have to seek in state court any state remedies that might be available to him under state law. Since Sandy has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not issue. Further, the Court certifies, pursuant to 28 USC se c. 1915(a)(3), that any appeal form this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is directed to enter judgment in favor of respondent and to close this case. (Ordered by Judge Eric N. Vitaliano on 8/19/2016) c/m Fwd. for Judgment. (Galeano, Sonia)

Date Filed

Document Text

August 25, 2016

Filing 12 MEMORANDUM AND ORDER, For the foregoing reasons, Sandy's petition for a writ of habeas corpus is dismissed as time-barred, and the writ if denied. Dismissal, certainly, is without prejudice to any right Sandy may have to seek in state court any state remedies that might be available to him under state law. Since Sandy has not made a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not issue. Further, the Court certifies, pursuant to 28 USC se c. 1915(a)(3), that any appeal form this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is directed to enter judgment in favor of respondent and to close this case. (Ordered by Judge Eric N. Vitaliano on 8/19/2016) c/m Fwd. for Judgment. (Galeano, Sonia)

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Respondent: Daniel F. Martuscello, Jr.
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Petitioner: Kester Andre Sandy
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