McCormack v. Smith

McCormack v. Smith

Petitioner:	John J. McCormack
Respondent:	Brandon J. Smith
Case Number:	9:2017cv00948
Filed:	August 28, 2017
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
County:	Greene
Presiding Judge:	Lawrence E. Kahn
Presiding Judge:	Christian F. Hummel
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 22, 2020	Filing 16 MEMORANDUM DECISION: IT IS ORDERED THAT the Clerk of Court is respectfully directed to correct the case caption to reflect the spelling of Petitioner's name as written in the Petition: John McCormick. IT IS FURTHER ORDERED THAT the # 1 Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is DISMISSED as moot. 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 'demonstrat[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 dese rve 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. The Clerk of the Cou rt is to enter judgment accordingly. Signed by Judge James K. Singleton on 4/22/2020. (Copy served via regular mail)(meb) Modified on 4/22/2020 to note that the Clerk has changed the respondent to be Anthony J. Annucci, in compliance with this order (meb).

Date Filed

Document Text

April 22, 2020

Filing 16 MEMORANDUM DECISION: IT IS ORDERED THAT the Clerk of Court is respectfully directed to correct the case caption to reflect the spelling of Petitioner's name as written in the Petition: John McCormick. IT IS FURTHER ORDERED THAT the # 1 Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is DISMISSED as moot. 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 'demonstrat[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 dese rve 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. The Clerk of the Cou rt is to enter judgment accordingly. Signed by Judge James K. Singleton on 4/22/2020. (Copy served via regular mail)(meb) Modified on 4/22/2020 to note that the Clerk has changed the respondent to be Anthony J. Annucci, in compliance with this order (meb).

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Petitioner: John J. McCormack
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Respondent: Brandon J. Smith
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