Hamilton v. Superintendent, Eastern NY. Correctional Facility

Justia Dockets & Filings Second Circuit New York Southern District Hamilton v. Superintendent, Eastern NY. Correctional Facility

Hamilton v. Superintendent, Eastern NY. Correctional Facility

Petitioner:	Eugene Hamilton
Respondent:	Superintendent, Eastern Ny. Corr. Facility
Case Number:	1:2011cv01332
Filed:	February 25, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Ulster
Presiding Judge:	Debra C. Freeman
Presiding Judge:	Richard Owen
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
May 9, 2017	Filing 24 MEMORANDUM OPINION AND ORDER adopting 19 REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus: For the foregoing reasons, the Court adopts the Report and Recommendation in its entirety, and Petitioner's motion to correct, vaca te, and/or set aside his sentence pursuant to Title 28, United States Code, Section 2255 is denied. The Court declines to issue a Certificate of Appealablity because Petitioner has "not made a substantial showing of the denial of a constitutiona l right," 28 U.S.C. § 2253 (c) (2), and because Petitioner has failed to identify a claim that jurists of reason would find debatable as to whether Petitioner was denied such a right. See Slack, 529 U.S. at 478. (Signed by Judge Loretta A. Preska on 5/9/2017) (jwh)

Date Filed

Document Text

May 9, 2017

Filing 24 MEMORANDUM OPINION AND ORDER adopting 19 REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus: For the foregoing reasons, the Court adopts the Report and Recommendation in its entirety, and Petitioner's motion to correct, vaca te, and/or set aside his sentence pursuant to Title 28, United States Code, Section 2255 is denied. The Court declines to issue a Certificate of Appealablity because Petitioner has "not made a substantial showing of the denial of a constitutiona l right," 28 U.S.C. § 2253 (c) (2), and because Petitioner has failed to identify a claim that jurists of reason would find debatable as to whether Petitioner was denied such a right. See Slack, 529 U.S. at 478. (Signed by Judge Loretta A. Preska on 5/9/2017) (jwh)

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Petitioner: Eugene Hamilton
Represented By:	Jonathan Isidor Edelstein
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Respondent: Superintendent, Eastern Ny. Corr. Facility
Represented By:	Allen James Vickey
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