White v. Rock
| John H. White |
| David Rock |
| 2:2010cv05163 |
| November 5, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
141
ORDER denying 136 Motion to Vacate 102 Judgment, 101 Order. SO ORDERED that Petitioners Rule 60(b) motion is denied. The Court declines to issue a certificate of appealability because Petitioner has not made a substantial showing of the denia l of a constitutional right, pursuant to 28 U.S.C. § 2253(c)(2). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any attempt to appeal this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any such appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Pursuant to Rule 77(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court shall serve notice of entry of this Order upon Petitioner in accordance with Rule 5(b) of the Federal Rules of Civil Procedure. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 5/31/2016. (Florio, Lisa)
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Filing
131
ORDER denying as moot 126 Motion to Compel the Court to provide petitioner with copies of the trial transcripts. SO ORDERED that petitioner's request for the transcripts is DENIED as moot. A certificate of appealability will issue only if the applicant has made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons stated, petitioner has not demonstrated the denial of a constitutional right and a certificate of appealability shall not issue. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 3/31/2015. (Florio, Lisa)
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Filing
101
OPINION AND ORDER re 1 Petition for Writ of Habeas Corpus, filed by John H. White. For the reasons set forth above, the petition for a writ of habeas corpus is denied and the proceeding is dismissed in its entirety. As petitioner has failed to m ake a substantial showing of a violation of constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253(c)(1); see also Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 154 L. Ed. 2d 931 (2003); Contino v. Uni ted States, 535 F.3d 124, 127 (2d Cir. 2008). Petitioner has a right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. See 28 u.s.c. § 2253. The Clerk of the Court shall enter judgment in favo r of respondent, close this case, and serve notice of entry of this Order on all parties in accordance with Rule 77(d)(l) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to petitioner at his last known address. See Fed. R. Civ. P. 5(b)(2)(c). So Ordered. Ordered by Judge Sandra J. Feuerstein on 4/22/2013. (Padilla, Kristin)
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Filing
69
OPINION & ORDER re 26 Motion for Discovery, 46 Motion for Sanctions, 57 NOTICE of Motion for Default Judgment, 61 Motion for Summary Judgment, and 64 Motion for Writ of Mandamus. IT IS SO ORDERED that petitioner's applications ar e granted to the extent that on or before June 11, 2012 respondent is directed to serve and file: (1) a response to the amended petition, including the additional claims raised by petitioner relating to his post-conviction claims, and (2) a supplemen tal response to the motion for discovery in light of the additional claims asserted by petitioner in the amended petition, and petitioner's motions are otherwise denied without prejudice to renewing: (a) the motion for sanctions in the event res pondent fails to comply with this order and (b) the motion for discovery in the event petitioner can establish "good cause" therefor in accordance with Rule 6 of the Rules Governing Habeas Corpus Cases under Section 2254 following responden t's supplemental response. The Clerk of the Court is directed to serve notice of entry of this Order on all parties in accordance with Rule 77(d)(l) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to the prose petitioner at his last known address. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 5/9/2012. (Florio, Lisa)
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| Respondent: David Rock | |
| Represented By: | Barbara Kornblau |
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| Petitioner: John H. White | |
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