Mercado v. Lempke
| Oscar Mercado |
| John Lempke |
| 7:2007cv09865 |
| November 7, 2007 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Seneca |
| Kenneth M. Karas |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
58
ORDER ADOPTING REPORT AND RECOMMENDATIONS:Accordingly, the Court adopts the R&R in its entirety. The petition for a writ of habeas corpus is DENIED.The Clerk of the Court is instructed to close this case.As petitioner has not made a substantial showi ng of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCrav, 413 F.3d 192,195 (2d Cir. 2005). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this from this ruling would not be taken in good faith. See Coppedge v. United States, 369U.S. 438,445 (1962). for 51 Report and Recommendations. (Signed by Judge Vincent L. Briccetti on 12/8/2011) Copies Mailed By Chambers. (rj)
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Filing
54
MEMORANDUM DECISION: Petitioner's time to file objections to the R&R has run, and he has filed no objections. I discern from the face of the record no clear error in the R&R, and adopt it as the decision of the Court. The petition for a writ of habeas corpus is DENIED. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this ruling would not be taken in good faith. The Clerk of the Court is instructed to close this case. (Signed by Judge Vincent L. Briccetti on 10/31/2011) Copies Mailed By Chambers. (mml)
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Filing
31
ORDER denying 13 Motion to Dismiss.......ORDERED, that the Report and Recommendation dated March 20, 2009, is ADOPTED to the extent consistent with this Order, and it is further ORDERED, that Respondent's Motion to Dismiss is DENIED; and it is further ORDERED, that the Clerk of Court is respectfully directed to terminate the pending motion (Dkt. No. 13). (Signed by Judge Kenneth M. Karas on 8/13/2009) The Clerk's Office Has Mailed Copies.(jma)
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| Plaintiff: Oscar Mercado | |
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| Defendant: John Lempke | |
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