Ariola v. LaClair et al
| Christopher D. Ariola |
| Darwin LaClair and New York State Division of Parole |
| 9:2008cv00116 |
| January 31, 2008 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Gustave J. DiBianco |
| Gary L. Sharpe |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
48
MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Randolph F. Treece's March 31, 2014 Report-Recommendation and Order (Dkt. No. 46 ) is ADOPTED in its entirety. ORDERED that LaClair and the Division of Parole's motion for judgment on the pleadings (Dkt. No. 37 ) is GRANTED. ORDERED that Ariola's amended habeas petition (Dkt. No. 19 ) is DENIED and DISMISSED. ORDERED that, because Ariola has failed to make a substantial showing of the denial of a consti tutional right, no certification of appealability shall issue pursuant to 28 U.S.C. § 2253 (c)(2). ORDERED that, to the extent that Ariola's habeas petition has been construed as brought pursuant to 42 U.S.C. § 1983, it is DISMIS SED. ORDERED that the consolidated § 1983 complaint (Dkt. No. 39) is DISMISSED pursuant to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief can be granted. Signed by Chief Judge Gary L. Sharpe on 9/30/14. {order served via regular mail on petitioner}(nas)
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