D'Onofrio v. Smith

D'Onofrio v. Smith

Petitioner:	Michael N. D'Onofrio
Respondent:	Brandon Smith
Case Number:	1:2016cv01740
Filed:	March 8, 2016
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	XX Out of State
Presiding Judge:	Vincent L. Briccetti
Presiding Judge:	Paul E. Davison
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, 2018	Filing 26 MEMORANDUM OPINION AND ORDER adopting 25 Report and Recommendations. Accordingly, the Court adopts the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is DENIED. The Clerk is instructed to enter judgment accordingl y and close this case. The Clerk is further instructed to mail a copy of this Memorandum Opinion and Order to petitioner at the address on the docket, and also to mail a copy to petitioner. As noted in the R&R, petitioner was released to parole sup ervision on February 28, 2018. Accordingly, Acting Commissioner Anthony J. Annucci, New York State Department of Corrections and Community Supervision, is substituted as respondent, and the Clerk is instructed to amend the caption to reflect the su bstitution. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certif ies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/29/2018) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

November 29, 2018

Filing 26 MEMORANDUM OPINION AND ORDER adopting 25 Report and Recommendations. Accordingly, the Court adopts the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is DENIED. The Clerk is instructed to enter judgment accordingl y and close this case. The Clerk is further instructed to mail a copy of this Memorandum Opinion and Order to petitioner at the address on the docket, and also to mail a copy to petitioner. As noted in the R&R, petitioner was released to parole sup ervision on February 28, 2018. Accordingly, Acting Commissioner Anthony J. Annucci, New York State Department of Corrections and Community Supervision, is substituted as respondent, and the Clerk is instructed to amend the caption to reflect the su bstitution. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certif ies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/29/2018) (jca) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

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Petitioner: Michael N. D'Onofrio
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Respondent: Brandon Smith
Represented By:	John James Sergi
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