Davis v. The People of New York State
Raul Davis |
The People of New York State |
1:2007cv09265 |
October 16, 2007 |
US District Court for the Southern District of New York |
Foley Square Office |
Dutchess |
Sidney H. Stein |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 26 OPINION AND ORDER: re: 24 MOTION for Reconsideration re; 20 Clerk's Judgment,,. filed by Raul Davis. Accordingly, in order to give Davis notice and conserve judicial resources, this Court denies Davis's motion as beyond the scop e of Rule 60(b). See Peace, 2011 WL 2471067, at *2. If he so chooses, Davis may seek an order from the Court of Appeals authorizing a second habeas petition. For the reasons set forth above, Davis's Rule 60(b) motion is denied. The Court certifies pursuant to 28 U.S.C.§1915(a)(3) that any appeal from this Opinion would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Sidney H. Stein on 11/6/2017) (js) |
Filing 19 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations. The petition pursuant to 28 USC 2254 is dismissed. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. Pursuant to 28 USC 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith. (Signed by Judge Sidney H. Stein on 6/23/11) (cd) |
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Petitioner: Raul Davis | |
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Respondent: The People of New York State | |
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