Smith v. Hulihan

Smith v. Hulihan

Petitioner:	Brett Smith
Respondent:	William F. Hulihan
Case Number:	1:2011cv02948
Filed:	April 25, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Oneida
Presiding Judge:	Harold Baer
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 17, 2012	Filing 31 OPINION AND ORDER: After reviewing Magistrate Judge Peck's R&R this Court concludes that there is no clear error and approves, adopts, and ratifies the R&R in its entirety. Accordingly, the petition for writ of habeas corpus is DENIED. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith. As the petition makes no substantial showing of a denial of a constitutional right, I decline to issue a certificate of appealability. 28 U.S.C. § 2253. The Clerk of Court is instructed to close this motion and the case. (Signed by Judge Harold Baer on 10/17/2012) (pl)

Date Filed

Document Text

October 17, 2012

Filing 31 OPINION AND ORDER: After reviewing Magistrate Judge Peck's R&R this Court concludes that there is no clear error and approves, adopts, and ratifies the R&R in its entirety. Accordingly, the petition for writ of habeas corpus is DENIED. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith. As the petition makes no substantial showing of a denial of a constitutional right, I decline to issue a certificate of appealability. 28 U.S.C. § 2253. The Clerk of Court is instructed to close this motion and the case. (Signed by Judge Harold Baer on 10/17/2012) (pl)

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Respondent: William F. Hulihan
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Petitioner: Brett Smith
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