South v. Lee

South v. Lee

Petitioner:	Raoul South
Respondent:	William Lee
Case Number:	1:2013cv07261
Filed:	October 11, 2013
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Dutchess
Presiding Judge:	Kenneth M. Karas
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
November 29, 2017	Filing 36 MEMORANDUM OPINION AND ORDER. The court holds that no certificate of appealability shall issue, and that any appeal from the Opinion would not be taken in good faith, and as further set forth in this Order. The court finds that the claims South raise s in his habeas petition are meritless, and accordingly, holds that no certificate of appealability shall issue because he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Furt her, the court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from its Opinion would not be taken in good faith, and therefore in Jonna pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/29/2017) (rjm)
October 25, 2017	Filing 33 OPINION: For the reasons set forth above, the court concludes that the instant petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 should be denied in its entirety. The first three claims are denied based on review of the state court opinions. The last two are denied on procedural grounds. The Clerk of Court is respectfully requested to close this case. (Signed by Judge Thomas P. Griesa on 10/25/2017) (jwh)

Date Filed

Document Text

November 29, 2017

Filing 36 MEMORANDUM OPINION AND ORDER. The court holds that no certificate of appealability shall issue, and that any appeal from the Opinion would not be taken in good faith, and as further set forth in this Order. The court finds that the claims South raise s in his habeas petition are meritless, and accordingly, holds that no certificate of appealability shall issue because he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Furt her, the court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from its Opinion would not be taken in good faith, and therefore in Jonna pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Thomas P. Griesa on 11/29/2017) (rjm)

October 25, 2017

Filing 33 OPINION: For the reasons set forth above, the court concludes that the instant petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 should be denied in its entirety. The first three claims are denied based on review of the state court opinions. The last two are denied on procedural grounds. The Clerk of Court is respectfully requested to close this case. (Signed by Judge Thomas P. Griesa on 10/25/2017) (jwh)

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Petitioner: Raoul South
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Respondent: William Lee
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