Torres v. LaValley

Torres v. LaValley

Petitioner:	David Torres
Respondent:	Thomas LaValley
Case Number:	1:2013cv02583
Filed:	April 17, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Clinton
Presiding Judge:	Jesse M. Furman
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
March 28, 2014	Filing 17 MEMORANDUM OPINION AND ORDER re 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by David Torres: For the reasons set forth within, the Petition is DENIED. Additionally, because Petitioner has not made a substantial s howing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 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, 1 29 F.3d 255, 259-60 (2d Cir. 1997). Finally, the Court certifies, pursuant to Title 28, United States Code, Section 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 Petitioner. (Signed by Judge Jesse M. Furman on 3/28/2014) (ab)

Date Filed

Document Text

March 28, 2014

Filing 17 MEMORANDUM OPINION AND ORDER re 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by David Torres: For the reasons set forth within, the Petition is DENIED. Additionally, because Petitioner has not made a substantial s howing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 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, 1 29 F.3d 255, 259-60 (2d Cir. 1997). Finally, the Court certifies, pursuant to Title 28, United States Code, Section 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 Petitioner. (Signed by Judge Jesse M. Furman on 3/28/2014) (ab)

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Respondent: Thomas LaValley
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Petitioner: David Torres
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