Carter v. Uhler

Carter v. Uhler

Defendant:	Donald Uhler
Petitioner:	Steven Carter
Case Number:	1:2016cv07589
Filed:	September 28, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Franklin
Presiding Judge:	Vernon S. Broderick
Presiding Judge:	Ronald L. Ellis
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 29, 2022	Filing 28 CLERK'S JUDGMENT re: 27 Opinion & Order. in favor of Donald Uhler against Steven Carter.It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 26, 2022, Petitioner Cart er's Objections are overruled, the Report is ADOPTED in full, and his Petition is DENIED. I also will not issue a certificate of appealability pursuant to 28 U.S.C. § 2253, because I agree with the Report's conclusion that "Carter has not 'made a substantial showing of the denial of a constitutional right.'" (Report 19 (quoting 28 U.S.C. § 2253(c)(2))). I reject Carter's argument made in a footnote and in conclusory fashion that "for all of the r easons stated [in the Objections], and contrary to the Magistrate-Judge's recommendation, a certificate of appealability should be issued." (Objections 12 n.3.); accordingly, the petition is dismissed, and the case is closed. (Signed by Clerk of Court Ruby Krajick on 08/29/2022) (nd) (Additional attachment(s) added on 8/29/2022: # 1 Notice of Right to Appeal) (nd).
August 26, 2022	Filing 27 OPINION AND ORDER: For the reasons stated above, Carter's Objections are overruled, the Report is ADOPTED in full, and his Petition is DENIED. I also will not issue a certificate of appealability pursuant to 28 U.S.C. § 2253, because I ag ree with the Report's conclusion that "Carter has not 'made a substantial showing of the denial of a constitutional right.'" (Report 19 (quoting 28 U.S.C. § 2253(c)(2))). I reject Carter's argument made in a footnot e and in conclusory fashion that "for all of the reasons stated [in the Objections], and contrary to the Magistrate-Judge's recommendation, a certificate of appealability should be issued." (Objections 12 n.3.) The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/26/2022) (kv) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

August 29, 2022

Filing 28 CLERK'S JUDGMENT re: 27 Opinion & Order. in favor of Donald Uhler against Steven Carter.It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 26, 2022, Petitioner Cart er's Objections are overruled, the Report is ADOPTED in full, and his Petition is DENIED. I also will not issue a certificate of appealability pursuant to 28 U.S.C. § 2253, because I agree with the Report's conclusion that "Carter has not 'made a substantial showing of the denial of a constitutional right.'" (Report 19 (quoting 28 U.S.C. § 2253(c)(2))). I reject Carter's argument made in a footnote and in conclusory fashion that "for all of the r easons stated [in the Objections], and contrary to the Magistrate-Judge's recommendation, a certificate of appealability should be issued." (Objections 12 n.3.); accordingly, the petition is dismissed, and the case is closed. (Signed by Clerk of Court Ruby Krajick on 08/29/2022) (nd) (Additional attachment(s) added on 8/29/2022: # 1 Notice of Right to Appeal) (nd).

August 26, 2022

Filing 27 OPINION AND ORDER: For the reasons stated above, Carter's Objections are overruled, the Report is ADOPTED in full, and his Petition is DENIED. I also will not issue a certificate of appealability pursuant to 28 U.S.C. § 2253, because I ag ree with the Report's conclusion that "Carter has not 'made a substantial showing of the denial of a constitutional right.'" (Report 19 (quoting 28 U.S.C. § 2253(c)(2))). I reject Carter's argument made in a footnot e and in conclusory fashion that "for all of the reasons stated [in the Objections], and contrary to the Magistrate-Judge's recommendation, a certificate of appealability should be issued." (Objections 12 n.3.) The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/26/2022) (kv) Transmission to Orders and Judgments Clerk for processing.

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Petitioner: Steven Carter
Represented By:	Barbara Zolot
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Defendant: Donald Uhler
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