Humphrey v. Fisher

Humphrey v. Fisher

Petitioner:	Harold John Humphrey, Jr.
Respondent:	Brian Fisher
Case Number:	9:2007cv01200
Filed:	November 13, 2007
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
County:	Greene
Presiding Judge:	David R. Homer
Presiding Judge:	Thomas J. McAvoy
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 12, 2011	Filing 32 DECISION AND ORDER: ORDERED, that the Court ADOPTS the recommendations made by Magistrate Judge Homer. For the reasons set forth above and as set forth in Magistrate Judge Homer's Report-Recommendation and Order, the petition is DENIED and DISMI SSED. The Court determines that the petition presents no question of substance for appellate review and that Petitioner has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed . R.App. P. 22(b). Accordingly, a certificate of appealability will not issue. Petitioner's letter motion for an evidentiary hearing [dkt. # 27 ] is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 9/12/11. (Served on petitioner by regular mail) (alh, )

Date Filed

Document Text

September 12, 2011

Filing 32 DECISION AND ORDER: ORDERED, that the Court ADOPTS the recommendations made by Magistrate Judge Homer. For the reasons set forth above and as set forth in Magistrate Judge Homer's Report-Recommendation and Order, the petition is DENIED and DISMI SSED. The Court determines that the petition presents no question of substance for appellate review and that Petitioner has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed . R.App. P. 22(b). Accordingly, a certificate of appealability will not issue. Petitioner's letter motion for an evidentiary hearing [dkt. # 27 ] is DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 9/12/11. (Served on petitioner by regular mail) (alh, )

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Petitioner: Harold John Humphrey, Jr.
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Respondent: Brian Fisher
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