Ames v. The People Of The State Of New York

Justia Dockets & Filings Second Circuit New York Eastern District Ames v. The People Of The State Of New York

Ames v. The People Of The State Of New York

Plaintiff:	Michael B. Ames
Defendant:	The People of the State of New York
Case Number:	2:2014cv05630
Filed:	September 25, 2014
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
September 25, 2017	Filing 25 OPINION & ORDER: SO ORDERED that Ames' Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied. Because it is clear from the record that Ames is not entitled to the relief provided for in 28 U.S.C. § 2254, the Court will not hold an evidentiary hearing on his motion. The Court declines to issue a certificate of appealability because Ames has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § ; 2253(c). 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 the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 920 (1962). The Clerk of Court is directed to serve notice of entry of this Order upon Ames in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and to close this case. Ordered by Judge Sandra J. Feuerstein on 9/25/2017. (CM to pro se petitioner) (Florio, Lisa)

Date Filed

Document Text

September 25, 2017

Filing 25 OPINION & ORDER: SO ORDERED that Ames' Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody is denied. Because it is clear from the record that Ames is not entitled to the relief provided for in 28 U.S.C. § 2254, the Court will not hold an evidentiary hearing on his motion. The Court declines to issue a certificate of appealability because Ames has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § ; 2253(c). 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 the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 920 (1962). The Clerk of Court is directed to serve notice of entry of this Order upon Ames in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and to close this case. Ordered by Judge Sandra J. Feuerstein on 9/25/2017. (CM to pro se petitioner) (Florio, Lisa)

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Plaintiff: Michael B. Ames
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Defendant: 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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