Mercado v. Lempke
Oscar Mercado |
John Lempke |
7:2011cv06529 |
September 13, 2011 |
US District Court for the Southern District of New York |
White Plains Office |
Seneca |
Kenneth M. Karas |
Lisa Margaret Smith |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
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Filing 30 OPINION AND ORDER: For the foregoing reasons, the Petition is denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, a petitioner must make a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to show that he would prevail on the merits, but merely that reasonable jurists could disagree as to whether "the petition should have been resolved in a different manner or [whether] the issues presented were 'adequate to deserve encouragement to proceed further."' Petitioner has made no showing. Thus, I decline to grant a COA. The Clerk of the Court is directed to close this Petition and this case. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/16/2015) (ajs) |
Filing 24 OPINION AND ORDER denying 15 Motion to Dismiss. In the absence of any objections, the Court hereby ADOPTS the Magistrate Judges Report and Recommendation. The Court DENIES Respondents motion to dismiss. The Clerk of the Court is respectfully direct ed to terminate this motion (Doc. 15). Respondent is directed to serve and file an answer, and file any state court records not previously submitted to the court by November 13, 2012. Petitioner is directed to serve and file his reply by December 28,2012.(Signed by Judge Edgardo Ramos on 9/27/2012) The Clerks Office Has Mailed Copies. (fk) |
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Petitioner: Oscar Mercado | |
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Respondent: John Lempke | |
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