Lewis v. Graham

Lewis v. Graham

Petitioner:	Reuben Lewis
Respondent:	Harold Graham
Case Number:	9:2011cv00819
Filed:	July 15, 2011
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
County:	Cayuga
Presiding Judge:	David N. Hurd
Presiding Judge:	George H. Lowe
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 1, 2014	Filing 39 ORDER: On June 19, 2014, this Court denied Reuben Lewis, a state prisoner proceeding pro se, habeas corpus relief and also denied a certificate of appealability. Docket Nos. 32 at 19, 33 at 1. On June 30, 2014, Lewis timely filed with this Court a notice of appeal. Docket No. 34. At Docket No. 38 , Lewis filed with this Court a motion for a certificate of appealability. Because this Court has already denied Lewis a certificate of appealability, it appears that Lewis inadvertently filed hi s motion with this Court rather than the Court of Appeals. IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer Lewis's Motion for a Certificate of Appealability at Docket No. 38 to the Second Circuit Court of Appeals. Signed by Judge James K. Singleton on 8/1/2014. (ptm) (Copy served on petitioner by regular mail)
June 19, 2014	Filing 33 JUDGMENT: IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated June 19, 2014, the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Dkt. No. 1 ) is DENIED. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstr at[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.' "(quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)

Date Filed

Document Text

August 1, 2014

Filing 39 ORDER: On June 19, 2014, this Court denied Reuben Lewis, a state prisoner proceeding pro se, habeas corpus relief and also denied a certificate of appealability. Docket Nos. 32 at 19, 33 at 1. On June 30, 2014, Lewis timely filed with this Court a notice of appeal. Docket No. 34. At Docket No. 38 , Lewis filed with this Court a motion for a certificate of appealability. Because this Court has already denied Lewis a certificate of appealability, it appears that Lewis inadvertently filed hi s motion with this Court rather than the Court of Appeals. IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer Lewis's Motion for a Certificate of Appealability at Docket No. 38 to the Second Circuit Court of Appeals. Signed by Judge James K. Singleton on 8/1/2014. (ptm) (Copy served on petitioner by regular mail)

June 19, 2014

Filing 33 JUDGMENT: IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated June 19, 2014, the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Dkt. No. 1 ) is DENIED. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstr at[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.' "(quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)

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Petitioner: Reuben Lewis
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Respondent: Harold Graham
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