Alston v. Racette et al
| Donnell Alston |
| Attorney General of the State of New York and Steven Racette |
| 1:2013cv04392 |
| June 24, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Washington |
| Katherine Polk Failla |
| James C. Francis |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
23
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION: For the foregoing reasons, the Report is adopted in full, and the Petition is DENIED. The Clerk of Court is directed to mark the case as closed. Since Petitioner has not made a substantial showi ng of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c). Pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith and therefore in forma paup eris status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court shall dismiss the Petition and close the case. (Signed by Judge Katherine Polk Failla on 9/9/2014) Copies Mailed By Chambers. (tn)
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Filing
16
REPORT AND RECOMMENDATIONS re: 2 Petition for Writ of Habeas Corpus filed by Donnell Alston. For the reasons set forth above, I recommend that Mr. Alston's petition for a writ of habeas corpus be denied. Pursuant to 28 U.S.C. § 636(b) (1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the C ourt, with extra copies delivered to the chambers of the Honorable Katherine P. Failla, Room 2103, 40 Foley Square, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 6/9/2014. (Signed by Magistrate Judge James C. Francis on 5/22/2014) Copies Mailed By Chambers. (ja)
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