Smith v. Murtusello

Smith v. Murtusello

Petitioner:	Marvin Smith
Respondent:	Daniel Murtusello
Case Number:	7:2011cv02435
Filed:	April 1, 2011
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Greene
Presiding Judge:	Vincent L. Briccetti
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 5, 2013	Filing 28 MEMORANDUM DECISION for 22 Report and Recommendations. Upon the appropriate review of the record, the Court finds Magistrate Judge Yanthis R&R to be a clear and proper statement and application of the law. The Court therefore adopts the R&R as its decision, and the petition is denied. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 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 order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).The Clerk is instructed to close this case. (Signed by Judge Vincent L. Briccetti on 4/5/2013) The Clerks Office Has Mailed Copies. (rj)

Date Filed

Document Text

April 5, 2013

Filing 28 MEMORANDUM DECISION for 22 Report and Recommendations. Upon the appropriate review of the record, the Court finds Magistrate Judge Yanthis R&R to be a clear and proper statement and application of the law. The Court therefore adopts the R&R as its decision, and the petition is denied. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 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 order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).The Clerk is instructed to close this case. (Signed by Judge Vincent L. Briccetti on 4/5/2013) The Clerks Office Has Mailed Copies. (rj)

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Petitioner: Marvin Smith
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Respondent: Daniel Murtusello
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