Griffin v. Alexander
| Donald Griffin |
| George Alexander |
| 9:2009cv01334 |
| November 30, 2009 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Thomas J. McAvoy |
| David E. Peebles |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
58
DECISION AND ORDER: ORDERED that 56 Report and Recommendations is accepted and adopted. The petition is DENIED and DISMISSED. The Court also finds that the petition presents no questions of substance for appellate review, and that Petitioner h as 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. Signed by Senior Judge Thomas J. McAvoy on 3/18/13. {order served via regular mail on petitioner}(nas)
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Filing
40
DECISION AND ORDER: The Court ADOPTS Magistrate Judge Peebles' Report, Recommendation, and Order. Therefore, Defendant's motion to dismiss Plaintiff's complaint (Dkt. No. 27) is GRANTED, and Plaintiff's complaint is DISMISSED in i ts entirety with leave to convert his complaint to a habeas corpus petition. Plaintiff is given thirty (30) days from the date of this Decision & Order to advise the Court if he desires to convert the complaint to a habeas corpus petition brought pur suant to 28 U.S. C. § 2254, and if so, he will be granted additional leave so that he may file a proper petition. If Plaintiff does not advise the Court within thirty (30) days of the date of this Decision and Order that he desires to convert the matter to a habeas corpus petition, the case will be dismissed without further order from the Court. Signed by Senior Judge Thomas J. McAvoy on 9/14/11.{order served via regular mail on all non-ecf parties} (nas)
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Filing
8
DECISION AND ORDER denying as moot 2 Motion for Leave to Proceed in forma pauperis; denying as moot 4 Motion for Preliminary Injunction; and dismissing this action. Signed by Senior Judge Thomas J. McAvoy on 2/16/10. (sfp, )
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| Plaintiff: Donald Griffin | |
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| Defendant: George Alexander | |
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