Kelly v. Lempke
| Thomas Kelly |
| Lempke |
| 1:2008cv08241 |
| September 25, 2008 |
| US District Court for the Southern District of New York |
| Habeas Corpus (General) Office |
| Seneca |
| Barbara S. Jones |
| Plaintiff |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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Filing
33
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations: For the forgoing reasons, the Court overrules Petitioner is Objections with respect to the claims considered above. In all other respects consistent with this Order, the C ourt adopts the R&R as thorough, well-reasoned, and not clearly erroneous. Accordingly, the petition for a writ of habeas corpus is DENIED and Petitioner's claims are dismissed with prejudice. As Petitioner has not made a substantial showing of the denial of a constitutional right, the Court declines to issue a certificate of appealability. See 28 U.S.C. § 2253i Soto v. United States, 185 F.3d 48, 51 (2d Cir. 1999). Pursuant to 28 U.S.C. § 1915(a) (3), the Court certifies that any appeal from this Order would not be undertaken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to close this case. (Signed by Judge Barbara S. Jones on 11/7/2012) (ae)
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Filing
20
ORDER ADOPTING REPORT AND RECOMMENDATIONS, I hereby confirm and adopt the Report in its entirety for 17 Report and Recommendations. Accordingly, the writ of habeas corpus is DENIED. The Clerk of the Court is directed to close the case. (Signed by Judge Barbara S. Jones on 6/6/11) (cd)
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Filing
15
MEMORANDUM OPINION & ORDER that respondent may submit any response to Kelly's correspondence by 6/19/09. (Signed by Magistrate Judge Ronald L. Ellis on 6/5/09) (dle)
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Filing
8
MEMORANDUM OPINION & ORDER #97461, re: 5 APPLICATION for the Court to Request Counsel. filed by Thomas Kelly. Kelly's application for counsel is DENIED, without prejudice to renew. (Signed by Magistrate Judge Ronald L. Ellis on 4/29/09) (pl) Modified on 5/1/2009 (mro).
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| Petitioner: Thomas Kelly | |
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| Respondent: Lempke | |
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