Thomas v. The People of the State of New York
John Thomas |
The People of the State of New York |
1:2017cv00910 |
February 6, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Erie |
Colleen McMahon |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
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Filing 20 CLERK'S JUDGMENT re: 19 Order Adopting Report and Recommendations. in favor of The People of the State of New York against John Thomas. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dat ed March 30, 2020, the Court has reviewed carefully Magistrate Judge Cave's thorough and well-reasoned Report and Recommendation and finds no clear error; the Court therefore adopts the Report in its entirety for the reasons stated therein; Acco rdingly, the petition is denied; the Court adopts Judge Cave's conclusion that because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability should not be issued. (Signed by Clerk of Court Ruby Krajick on 03/31/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing. |
Filing 19 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations. The Court adopts Judge Cave's conclusion that because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of app ealability should not be issued. See 28 U.S.C. § 2253; Middleton v. Attorneys General of States of N.Y. & Pennsylvania, 396 F.3d 207, 209 (2d Cir. 2005) (per curiam). This Order resolves docket entry no. 1. The Clerk of Court is requested to e nter judgment accordingly. SO ORDERED. Mail to: John Thomas, 11-A-4408, Mid-State Correctional Facility, P.O. Box 2500, Marcy, NY 13403. (Signed by Judge Laura Taylor Swain on 3/30/20) (yv) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing. |
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Petitioner: John Thomas | |
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Respondent: The People of the State of New York | |
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