Dickerson v. Conway

Dickerson v. Conway

Petitioner:	Leroy Dickerson
Respondent:	James Conway
Case Number:	1:2008cv08024
Filed:	September 17, 2008
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Wyoming
Presiding Judge:	Richard J. Sullivan
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
June 25, 2013	Filing 41 OPINION & ORDER: For the foregoing reasons, Dickerson's petition for a writ of habeas corpus is denied. The Court declines to issue a certificate of appealability. Dickerson has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. See 28U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is directed to close this case. (Signed by Judge Paul A. Engelmayer on 6/24/2013) (djc)
February 10, 2009	Filing 4 ORDER PURSUANT TO RHINES V. WEBER: Here, as noted above, the petitioner has neither explained his prior failure to exhaust nor indicated what his new claims are. Therefore, the Court cannot determine whether the application should be granted. The pet itioner therefore is directed to submit to the Court by March 2, 2009, an explanation of (a) the claims he wishes to pursue in state court, and (b) the reasons he did not previously present those claims to the state courts. Upon the receipt of this information, the Court will consider whether a stay and abeyance is warranted. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 2/9/2009) Copies Mailed By Chambers.(tve) Modified on 3/19/2009 (tve).

Date Filed

Document Text

June 25, 2013

Filing 41 OPINION & ORDER: For the foregoing reasons, Dickerson's petition for a writ of habeas corpus is denied. The Court declines to issue a certificate of appealability. Dickerson has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. See 28U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is directed to close this case. (Signed by Judge Paul A. Engelmayer on 6/24/2013) (djc)

February 10, 2009

Filing 4 ORDER PURSUANT TO RHINES V. WEBER: Here, as noted above, the petitioner has neither explained his prior failure to exhaust nor indicated what his new claims are. Therefore, the Court cannot determine whether the application should be granted. The pet itioner therefore is directed to submit to the Court by March 2, 2009, an explanation of (a) the claims he wishes to pursue in state court, and (b) the reasons he did not previously present those claims to the state courts. Upon the receipt of this information, the Court will consider whether a stay and abeyance is warranted. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 2/9/2009) Copies Mailed By Chambers.(tve) Modified on 3/19/2009 (tve).

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Petitioner: Leroy Dickerson
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Respondent: James Conway
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