Hart v. Artus

Hart v. Artus

Defendant:	Dale Artus
Petitioner:	Zebadiah Hart
Case Number:	1:2009cv01032
Filed:	February 5, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Clinton
Presiding Judge:	Denny Chin
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
December 20, 2012	Filing 24 OPINION AND ORDER: For the foregoing reasons, the Petition is denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, a petitioner must make a substantial showing of the denial of a consti tutional right."95 A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate whether "the petition should have been resolved in a diff erent manner or that the issues presented were adequate to deserve encouragement to proceed further. 96 Petitioner has made no such showing. Accordingly, I decline to grant a COA. The Clerk of the Court is directed to close this Petition and this case. (Signed by Judge Shira A. Scheindlin on 12/20/2012) (pl)

Date Filed

Document Text

December 20, 2012

Filing 24 OPINION AND ORDER: For the foregoing reasons, the Petition is denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, a petitioner must make a substantial showing of the denial of a consti tutional right."95 A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate whether "the petition should have been resolved in a diff erent manner or that the issues presented were adequate to deserve encouragement to proceed further. 96 Petitioner has made no such showing. Accordingly, I decline to grant a COA. The Clerk of the Court is directed to close this Petition and this case. (Signed by Judge Shira A. Scheindlin on 12/20/2012) (pl)

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Petitioner: Zebadiah Hart
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Defendant: Dale Artus
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