Jacobs v. Demars

Jacobs v. Demars

Petitioner:	Abdur Jacobs
Respondent:	John Demars
Case Number:	2:2013cv03684
Filed:	June 27, 2013
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
July 30, 2014	Filing 9 MEMORANDUM AND OPINION. For the reasons set forth herein, the Court concludes that the petitioner has demonstrated no basis for habeas relief under 28 U.S.C. § 2254. Petitioners claims of ineffective assistance of counsel and excessive sentence are barred from review in light of the state courts decision on adequate and independent procedural grounds. Petitioners claims are also plainly without merit. Therefore, the petition for a writ of habeas corpus is denied. Because petitioner has fail ed to make a substantial showing of a denial of a constitutional right, no certificate of appealability shall issue. See 28 U.S.C. § 2253(c)(2). The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/30/2014. (Chipev, George)

Date Filed

Document Text

July 30, 2014

Filing 9 MEMORANDUM AND OPINION. For the reasons set forth herein, the Court concludes that the petitioner has demonstrated no basis for habeas relief under 28 U.S.C. § 2254. Petitioners claims of ineffective assistance of counsel and excessive sentence are barred from review in light of the state courts decision on adequate and independent procedural grounds. Petitioners claims are also plainly without merit. Therefore, the petition for a writ of habeas corpus is denied. Because petitioner has fail ed to make a substantial showing of a denial of a constitutional right, no certificate of appealability shall issue. See 28 U.S.C. § 2253(c)(2). The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/30/2014. (Chipev, George)

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Petitioner: Abdur Jacobs
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Respondent: John Demars
Represented By:	Jason Richards
Represented By:	NASSAU COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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