Killimayer v. Rock

Killimayer v. Rock

Petitioner:	Joseph Killimayer
Respondent:	D. Rock
Case Number:	7:2012cv06328
Filed:	August 14, 2012
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	New York
Presiding Judge:	Nelson Stephen Roman
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
October 9, 2013	Filing 33 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 32 Report and Recommendations. Accordingly, the Court adopts Magistrate Judge Smith's Report & Recommendation in its entirety. The petition for a writ of habeas corpus is, therefore, DENIED. The C lerk is instructed to enter judgment accordingly. 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); Slack v. McDaniel, 529 U.S. 47 3, 483-84 (2000). 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). (Signed by Judge Nelson Stephen Roman on 10/9/2013) Copies Mailed By Chambers. (rj)

Date Filed

Document Text

October 9, 2013

Filing 33 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 32 Report and Recommendations. Accordingly, the Court adopts Magistrate Judge Smith's Report & Recommendation in its entirety. The petition for a writ of habeas corpus is, therefore, DENIED. The C lerk is instructed to enter judgment accordingly. 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); Slack v. McDaniel, 529 U.S. 47 3, 483-84 (2000). 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). (Signed by Judge Nelson Stephen Roman on 10/9/2013) Copies Mailed By Chambers. (rj)

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Petitioner: Joseph Killimayer
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Respondent: D. Rock
Represented By:	Bridget R. Rahilly
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