Mitchell et al v. Griffin
| Damon Mitchell |
| Thomas Griffin and Eric T. Schneiderman |
| 1:2017cv05584 |
| September 25, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A. Matsumoto |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
7
MEMORANDUM AND OPINION, For the foregoing reasons, the petition for a writ ofhabeas corpus is denied and dismissed. The court declines to issue a Certificate of Appealability because 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 toproceed further." Middleton v. Attorneys Gen, of States of N.Y.r Pennsylvania, 396 F.3d 207, 209 (2d C ir. 2005) (internal quotation marks omitted); see also 28 U.S.C. § 2253(c) ("A certificate of appealability may issue... only if theapplicant has made a substantial showing of the denial of a constitutional right."). Additionally, 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 denying and dismissing the petition, serve a copy ofthis Memorandum and Order and the judgment on petitioner, note service on the docket, and close the case. (Certificate of Appealability Denied re 1 Petition for Writ of Habeas Corpus) Ordered by Judge Kiyo A. Matsumoto on 11/18/2019. c/m Fwd. for Judgment. (Galeano, Sonia)
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