Rosado v. Unger

Rosado v. Unger

Petitioner:	Steve Rosado
Respondent:	David M. Unger
Case Number:	1:2011cv03747
Filed:	May 19, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Wyoming
Presiding Judge:	Richard M. Berman
Presiding Judge:	Theodore H. Katz
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
November 20, 2012	Filing 39 MEMORANDUM DECISION AND ORDER: For the reasons stated above, the Court adopts the unobjected-to portions ofthe R&R.The petition for writ of habeas corpus is DENIED in its entirety.Petitioner's motion for access to his state court trial transcrip ts is denied as moot.4In addition, the Court declines to issue a certificate of appealability. Petitioner has not made a substantial showing of a denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appellate review is therefore unwarr anted.Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005).The Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is directed to dismiss this petition, to terminate the motion at Docket No. 30, and to terminate this action. (Signed by Judge Katherine B. Forrest on 11/20/2012) (js)

Date Filed

Document Text

November 20, 2012

Filing 39 MEMORANDUM DECISION AND ORDER: For the reasons stated above, the Court adopts the unobjected-to portions ofthe R&R.The petition for writ of habeas corpus is DENIED in its entirety.Petitioner's motion for access to his state court trial transcrip ts is denied as moot.4In addition, the Court declines to issue a certificate of appealability. Petitioner has not made a substantial showing of a denial of a federal right pursuant to 28 U.S.C. § 2253(c), and appellate review is therefore unwarr anted.Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005).The Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is directed to dismiss this petition, to terminate the motion at Docket No. 30, and to terminate this action. (Signed by Judge Katherine B. Forrest on 11/20/2012) (js)

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Petitioner: Steve Rosado
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Respondent: David M. Unger
Represented By:	Paul M. Tarr
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