Safran v. Department of Corrections and Community Supervision

Justia Dockets & Filings Second Circuit New York Eastern District Safran v. Department of Corrections and Community Supervision

Safran v. Department of Corrections and Community Supervision

Defendant:	Department of Corrections and Community Supervision
Petitioner:	David J. Safran
Case Number:	2:2012cv04160
Filed:	August 15, 2012
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joseph F. Bianco
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
April 30, 2014	Filing 70 MEMORANDUM AND ORDER: For the reasons set forth above, Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED in its entirety. The Court declines to issue a Certificate of Appealability because Petitione r 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." Middleton v. Att' ys Gen. of States of N.Y., Pennsylvania, 396 F.3d 207, 209 (2d Cir. 2005) (internal quotation marks omitted); see also 28 U.S.C. § 2253(c) ("A certificate of appealability may issue... only if the applicant has made a substantial showin g 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 directed to terminate the petition and to close this case. Ordered by Judge Pamela K. Chen on 4/30/2014. (Abdallah, Fida)

Date Filed

Document Text

April 30, 2014

Filing 70 MEMORANDUM AND ORDER: For the reasons set forth above, Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED in its entirety. The Court declines to issue a Certificate of Appealability because Petitione r 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." Middleton v. Att' ys Gen. of States of N.Y., Pennsylvania, 396 F.3d 207, 209 (2d Cir. 2005) (internal quotation marks omitted); see also 28 U.S.C. § 2253(c) ("A certificate of appealability may issue... only if the applicant has made a substantial showin g 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 directed to terminate the petition and to close this case. Ordered by Judge Pamela K. Chen on 4/30/2014. (Abdallah, Fida)

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Defendant: Department of Corrections and Community Supervision
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Petitioner: David J. Safran
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