Toxey v. Cunningham

Toxey v. Cunningham

Plaintiff:	Anthony Toxey
Defendant:	Robert F. Cunningham
Case Number:	1:2014cv00610
Filed:	January 28, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Loretta A. Preska
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 9, 2018	Filing 56 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 45 . Magistrate Judge Dolinger's Report is ADOPTED in full, and Toxey's petition for a writ of habeas corpus is DENIED. As Petitioner has not made a substantial showing of the de nial of a constitutional right, a certificate of appealability shall not be issued. See 28 U.S.C. § 2253(c)(2). The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of the Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/9/18) Copies Mailed By Chambers. (yv) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

October 9, 2018

Filing 56 OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 45 . Magistrate Judge Dolinger's Report is ADOPTED in full, and Toxey's petition for a writ of habeas corpus is DENIED. As Petitioner has not made a substantial showing of the de nial of a constitutional right, a certificate of appealability shall not be issued. See 28 U.S.C. § 2253(c)(2). The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of the Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/9/18) Copies Mailed By Chambers. (yv) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Anthony Toxey
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Defendant: Robert F. Cunningham
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