Toussaint v. The People of The State of New York

Justia Dockets & Filings Second Circuit New York Eastern District Toussaint v. The People of The State of New York

Toussaint v. The People of The State of New York

Petitioner:	Lesley Toussaint
Respondent:	The People of The State of New York
Case Number:	2:2012cv00357
Filed:	January 23, 2012
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
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
June 5, 2015	Filing 18 OPINION & ORDER: SO ORDERED that the petition for a writ of habeas corpus is DENIED and the proceeding is dismissed in its entirety. As petitioner has failed to make a substantial showing of the violation of a constitutional right, a certificate of a ppealability shall not issue. 28 U.S.C. § 2253(c)(1); see also Miller -El v. Cockrell, 537 U.S. 322, 336 (2003); Contino v. United States, 535 F.3d 124, 127 (2d Cir. 2008). Petitioner has the 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 favor of respondent, close this proceeding and serve notices of entry of this Order on all parties in accordance with Rule 77(d)(1) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to petitioner at his last known address. CM to petitioner at Sing Sing Correctional Center. Ordered by Judge Sandra J. Feuerstein on 6/5/2015. (Florio, Lisa)

Date Filed

Document Text

June 5, 2015

Filing 18 OPINION & ORDER: SO ORDERED that the petition for a writ of habeas corpus is DENIED and the proceeding is dismissed in its entirety. As petitioner has failed to make a substantial showing of the violation of a constitutional right, a certificate of a ppealability shall not issue. 28 U.S.C. § 2253(c)(1); see also Miller -El v. Cockrell, 537 U.S. 322, 336 (2003); Contino v. United States, 535 F.3d 124, 127 (2d Cir. 2008). Petitioner has the 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 favor of respondent, close this proceeding and serve notices of entry of this Order on all parties in accordance with Rule 77(d)(1) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to petitioner at his last known address. CM to petitioner at Sing Sing Correctional Center. Ordered by Judge Sandra J. Feuerstein on 6/5/2015. (Florio, Lisa)

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Respondent: The People of The State of New York
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By:	SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
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Petitioner: Lesley Toussaint
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