Concepcion v. Martuscello

Concepcion v. Martuscello

Petitioner:	Angel Concepcion
Respondent:	D. Martuscello
Case Number:	1:2016cv05918
Filed:	July 22, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Greene
Presiding Judge:	Colleen McMahon
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 7, 2018	Filing 20 ORDER ADOPTING REPORT AND RECOMMENDATION adopting 18 Report and Recommendations. Defendant's motion to dismiss the petition is granted. The petition for a writ of habeas corpus is denied, and the Clerk of the Court is directed to cl ose the case. Because Petitioner has not made a substantial showing of the denial of a federal right, the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253. Furthermore, Petitioner has waived his right to appeal because he has not filed any objections to the R&R. (R&R at 23-24). The Clerk's Office is directed to mail a copy of this Order to Petitioner at his last known address: Angel Concepcion, DIN 12-A-1883, Eastern New York Correctional Facility, PO Box 338, Napanoch, New York 12458-0338, and note service on the docket. (Signed by Judge Loretta A. Preska on 9/7/2018) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

September 7, 2018

Filing 20 ORDER ADOPTING REPORT AND RECOMMENDATION adopting 18 Report and Recommendations. Defendant's motion to dismiss the petition is granted. The petition for a writ of habeas corpus is denied, and the Clerk of the Court is directed to cl ose the case. Because Petitioner has not made a substantial showing of the denial of a federal right, the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253. Furthermore, Petitioner has waived his right to appeal because he has not filed any objections to the R&R. (R&R at 23-24). The Clerk's Office is directed to mail a copy of this Order to Petitioner at his last known address: Angel Concepcion, DIN 12-A-1883, Eastern New York Correctional Facility, PO Box 338, Napanoch, New York 12458-0338, and note service on the docket. (Signed by Judge Loretta A. Preska on 9/7/2018) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

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Petitioner: Angel Concepcion
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Respondent: D. Martuscello
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