Mercer v. Harper

Mercer v. Harper

Case Number:	9:2019cv01599
Filed:	March 29, 2023
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
March 29, 2023	Filing 30 MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that the Report-Recommendation, Dkt. No. 27 , is ADOPTED in its entirety; and the Court further ORDERS that the Petition is DENIED and DISMISSED; and the Court further ORDERS that Petitioner 9;s motion for summary judgment and request to reject Respondent's filings in Dkt. No. 21 is DENIED; and the Court further ORDERS that no Certificate of Appealability be issued because Petitioner has failed to make "a substantial showing of the denial of a constitutional right" as required by 28 U.S.C. § 2253(c)(2). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)); and the Court further ORDERS that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules. Signed by U.S. District Judge Anne M. Nardacci on 3/29/2023. (Copy served via regular and certified mail)(meb)

Date Filed

Document Text

March 29, 2023

Filing 30 MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that the Report-Recommendation, Dkt. No. 27 , is ADOPTED in its entirety; and the Court further ORDERS that the Petition is DENIED and DISMISSED; and the Court further ORDERS that Petitioner 9;s motion for summary judgment and request to reject Respondent's filings in Dkt. No. 21 is DENIED; and the Court further ORDERS that no Certificate of Appealability be issued because Petitioner has failed to make "a substantial showing of the denial of a constitutional right" as required by 28 U.S.C. § 2253(c)(2). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)); and the Court further ORDERS that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules. Signed by U.S. District Judge Anne M. Nardacci on 3/29/2023. (Copy served via regular and certified mail)(meb)

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