Linares v. Smith

Linares v. Smith

Petitioner:	Wilmer Linares
Respondent:	Joseph T. Smith
Case Number:	2:2015cv05442
Filed:	September 14, 2015
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 30, 2020	Filing 9 MEMORANDUM & ORDER: For all the foregoing reasons, the petition for a writ of habeas corpus is denied and the proceeding is dismissed in its entirety. The Court declines to issue a certificate of appealability because Linares has not made a substanti al showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(1); see also MillerEl v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 154 L. Ed. 2d 931 (2003); Contino v. United States, 535 F.3d 124, 127 (2d Cir.2 008). Petitioner h as 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 Court is directed to dismiss the Petition and enter judgment in favor of the Respondent, and is further directed to serve a copy of this Memorandum and Order and the judgment upon Petitioner, note the service on the docket, and close the case. So Ordered by Judge Sandra J. Feuerstein on 6/30/2020. (Cubano, Jazmin)

Date Filed

Document Text

June 30, 2020

Filing 9 MEMORANDUM & ORDER: For all the foregoing reasons, the petition for a writ of habeas corpus is denied and the proceeding is dismissed in its entirety. The Court declines to issue a certificate of appealability because Linares has not made a substanti al showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(1); see also MillerEl v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 154 L. Ed. 2d 931 (2003); Contino v. United States, 535 F.3d 124, 127 (2d Cir.2 008). Petitioner h as 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 Court is directed to dismiss the Petition and enter judgment in favor of the Respondent, and is further directed to serve a copy of this Memorandum and Order and the judgment upon Petitioner, note the service on the docket, and close the case. So Ordered by Judge Sandra J. Feuerstein on 6/30/2020. (Cubano, Jazmin)

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Petitioner: Wilmer Linares
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Respondent: Joseph T. Smith
Represented By:	NASSAU COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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