Alston v. Racette et al
Petitioner: |
Donnell Alston |
Respondent: |
Attorney General of the State of New York and Steven Racette |
Case Number: |
1:2013cv04392 |
Filed: |
June 24, 2013 |
Court: |
US District Court for the Southern District of New York |
Office: |
Foley Square Office |
County: |
Washington |
Presiding Judge: |
Katherine Polk Failla |
Presiding Judge: |
James C. Francis |
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 |
Available Case Documents
The following documents for this case are available for you to view or download:
Date Filed |
Document Text |
September 9, 2014 |
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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May 22, 2014 |
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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