Hunter v. Lee
Wayne Hunter |
William A. Lee |
1:2013cv05880 |
August 20, 2013 |
US District Court for the Southern District of New York |
Foley Square Office |
Dutchess |
Paul A. Engelmayer |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 56 OPINION AND ORDER: Careful review of the thorough and well-reasoned Report reveals that there is no facial error in its conclusions. The Report, which is incorporated by reference herein, is adopted without modification. The petition for habe as corpus is denied. The Clerk of Court is directed to close this case. The parties' failure to file written objections precludes appellate review of this decision. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008); Smal l v. Sec'Y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam). The Court therefore declines to issue a certificate of appealability, and certifies that any appeal from this order would not be taken in good faith; therefore, informa pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 10/11/2016) (kl) |
Filing 36 ORDER ADOPTING REPORT & RECOMMENDATION: for 33 Report and Recommendations. For the foregoing reasons, the Report is adopted without modification. The Clerk of Court is hereby directed to: (1) open a new case and issue a new docket number for the Indictment 5222/06 Petition; (2) date the Indictment 5222/06 Petition as filed the same date as it was filed in the current action; and (3) remove the Indictment 5222/06 Petition (Dkt. 27) from the docket for the current action. The case is referred back to Judge Ellis for further proceedings. (Signed by Judge Paul A. Engelmayer on 10/2/2014) (djc) |
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Petitioner: Wayne Hunter | |
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Respondent: William A. Lee | |
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