Thomas v. The People of the State of New York
Petitioner: John Thomas
Respondent: The People of the State of New York
Case Number: 1:2017cv00910
Filed: February 6, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Erie
Presiding Judge: Colleen McMahon
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 31, 2020 Opinion or Order 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.
March 30, 2020 Opinion or Order 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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