Neal v. Yelich

Neal v. Yelich

Petitioner:	Richard Neal
Respondent:	Yelich
Case Number:	1:2012cv03022
Filed:	April 16, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Franklin
Presiding Judge:	Jesse M. Furman
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
December 7, 2012	Filing 12 MEMORANDUM OPINION & ORDER: For the foregoing reasons, the Petition is DENIED. Additionally, because Petitioner hasnot made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. & #167; 2253; see also Lozada v. United States, 107 F.3d 1011, 1014-16 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). Finally, the Court certifies, pursuant to Title 28, United States Code, Se ction 1915(a)(3), that any appeal from this decision would not be taken in good faith, so in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to close the case and to mail a copy of this Memorandum Opinion and Order to the Petitioner. (Signed by Judge Jesse M. Furman on 12/7/2012) (cd)

Date Filed

Document Text

December 7, 2012

Filing 12 MEMORANDUM OPINION & ORDER: For the foregoing reasons, the Petition is DENIED. Additionally, because Petitioner hasnot made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. & #167; 2253; see also Lozada v. United States, 107 F.3d 1011, 1014-16 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). Finally, the Court certifies, pursuant to Title 28, United States Code, Se ction 1915(a)(3), that any appeal from this decision would not be taken in good faith, so in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to close the case and to mail a copy of this Memorandum Opinion and Order to the Petitioner. (Signed by Judge Jesse M. Furman on 12/7/2012) (cd)

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Petitioner: Richard Neal
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Respondent: Yelich
Represented By:	Paul M. Tarr
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