Henderson v. Martuscello

Henderson v. Martuscello

Plaintiff:	Brian Henderson
Defendant:	Daniel Martuscello, Jr.
Case Number:	1:2010cv05135
Filed:	July 6, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Greene
Presiding Judge:	Denise L. Cote
Presiding Judge:	George A. Yanthis
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 1651
Jury Demanded By:	None

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Date Filed	Document Text
December 10, 2013	Filing 41 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION. The recommendation of the Report is accepted, and the July 6, 2010 petition for a writ of habeas corpus is denied. In addition, a certificate of appealability shall be not granted. The petitioner has not made a substantial showing of a denial of a federal right and appellate review is, therefore, not warranted. Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). Pursuant to 28 U.S.C . § 1915(a)(3), any appeal from this Opinion and Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court shall dismiss this petition and close the case. (Signed by Judge Denise L. Cote on 12/10/2013) (gr)

Date Filed

Document Text

December 10, 2013

Filing 41 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION. The recommendation of the Report is accepted, and the July 6, 2010 petition for a writ of habeas corpus is denied. In addition, a certificate of appealability shall be not granted. The petitioner has not made a substantial showing of a denial of a federal right and appellate review is, therefore, not warranted. Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). Pursuant to 28 U.S.C . § 1915(a)(3), any appeal from this Opinion and Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court shall dismiss this petition and close the case. (Signed by Judge Denise L. Cote on 12/10/2013) (gr)

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Plaintiff: Brian Henderson
Represented By:	Alan Mitchel Nelson
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Defendant: Daniel Martuscello, Jr.
Represented By:	Rither Alabre
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