Garcia v. Harold Graham
| Felix Garcia |
| Harold Graham |
| 1:2009cv06593 |
| July 24, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Cayuga |
| James C. Francis |
| Colleen McMahon |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
58
OPINION AND ORDER adopting 55 Report and Recommendation. For the reasons stated above, the Report is ADOPTED, and the petition for a writ of habeas corpus is DISMISSED. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253(c)(2); Hoffler v. Bezio, 726 F.3d 144, 154 (2d Cir. 2013). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opin ion 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 mail a copy of this Opinion to Petitioner Felix Garcia and close this case. (As further set forth in this Opinion and Order.) (Signed by Judge Lorna G. Schofield on 12/10/2015) (mro)
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Filing
24
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS AS THE OPINION OF THE COURT AND DISMISSING THE PETITION FOR A WRIT OF HABEAS CORPUS, the court adopts the Report as its decision and dismisses the petition. Copies mailed by chambers. (Signed by Judge Colleen McMahon on 9/13/10) (cd)
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Filing
4
DECISION AND ORDER DENYING PETITIONER'S MOTION TO HOLD THE PETITION IN ABEYANCE WHILE HE EXHAUSTS HIS STATE REMEDIES: Accordingly, there is no basis for the Court to invoke the stay-and-abeyance procedure. Petitioner's motion to hold his petition in abeyance is denied. (Signed by Judge Colleen McMahon on 8/3/09) Copies Mailed By Chambers. (tro)
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| Petitioner: Felix Garcia | |
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| Respondent: Harold Graham | |
| Represented By: | Karen Sara Schlossberg |
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