Dockery v. Lee, Superintendent, Eastern Correctional Facility
||William Lee, Superintendent, Eastern Correctional Facility
||October 5, 2015
||US District Court for the Southern District of New York
||Foley Square Office
||Alison J. Nathan
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|August 18, 2021
MEMORANDUM OPINION & ORDER adopting 27 Report and Recommendations. For the reasons discussed above, the Court concludes on two independent grounds that it does not have subject matter jurisdiction to consider the merits of the petition. The Court therefore adopts Magistrate Judge Fox's recommendation and denies Dockery's Petition for Writ of Habeas Corpus. Though this Court denies Dockery's petition, the Court finds that Dockery makes a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c). The Court therefore GRANTS Dockery's request for a certificate of appealability as to all claims raised in his habeas petition. Objection at 25. The Court further finds that an appeal of this order would be in good faith and therefore GRANTS Dockery in forma pauperis status on appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. (Signed by Judge Alison J. Nathan on 8/18/2021) (vfr)
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