Inoa v. Smith

Inoa v. Smith

Petitioner:	Jose Inoa
Respondent:	Joseph T. Smith
Case Number:	1:2016cv02708
Filed:	April 12, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Loretta A. Preska
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 9, 2019	Filing 42 ORDER adopting 40 Report and Recommendations: For all the foregoing reasons, this Court ADOPTS the R&R in its entirety. The Petition is DENIED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, the Cour t declines to issue a certificate of appealability. See Middleton v. Attorneys Gen., 396 F.3d 207, 209 (2d Cir. 2005) (per curiam). In addition, because the R&R gave the parties adequate warning, see R&R at 74, the parties' failure to file writt en objections to the R&R precludes appellate review of this decision. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008). Accordingly, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and permission to proceed in forma pauperis for purposes of appeal is denied. The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner, to note mailing on the docket, to terminate all open motions, and to CLOSE the case. (Signed by Judge Valerie E. Caproni on 2/9/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
August 29, 2018	Filing 41 OPINION AND ORDER: For all the foregoing reasons, Inoa's request for a stay of his habeas proceeding is denied. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 8/29/2018) Copies Mailed By Chambers. (ne)

Date Filed

Document Text

February 9, 2019

Filing 42 ORDER adopting 40 Report and Recommendations: For all the foregoing reasons, this Court ADOPTS the R&R in its entirety. The Petition is DENIED. Because Petitioner has not made a substantial showing of the denial of a constitutional right, the Cour t declines to issue a certificate of appealability. See Middleton v. Attorneys Gen., 396 F.3d 207, 209 (2d Cir. 2005) (per curiam). In addition, because the R&R gave the parties adequate warning, see R&R at 74, the parties' failure to file writt en objections to the R&R precludes appellate review of this decision. See Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008). Accordingly, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and permission to proceed in forma pauperis for purposes of appeal is denied. The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner, to note mailing on the docket, to terminate all open motions, and to CLOSE the case. (Signed by Judge Valerie E. Caproni on 2/9/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.

August 29, 2018

Filing 41 OPINION AND ORDER: For all the foregoing reasons, Inoa's request for a stay of his habeas proceeding is denied. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 8/29/2018) Copies Mailed By Chambers. (ne)

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Petitioner: Jose Inoa
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Respondent: Joseph T. Smith
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