Mercado v. Lempke

Mercado v. Lempke

Petitioner:	Oscar Mercado
Respondent:	John Lempke
Case Number:	7:2011cv06529
Filed:	September 13, 2011
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Seneca
Presiding Judge:	Kenneth M. Karas
Presiding Judge:	Lisa Margaret Smith
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 16, 2015	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)
September 27, 2012	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)

Date Filed

Document Text

June 16, 2015

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)

September 27, 2012

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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