Brown v. Fisher et al
Petitioner: Shamei Brown
Respondent: Brian Fisher and Joseph T. Smith
Case Number: 7:2013cv02071
Filed: March 27, 2013
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: New York
Presiding Judge: Paul E. Davison
Presiding Judge: Edgardo Ramos
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

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Date Filed Document Text
June 9, 2015 Opinion or Order Filing 16 ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendation. For these reasons, the Court adopts Magistrate Judge Davison's R & R in its entirety. The petition for a writ of habeas corpus is therefore denied. The Clerk of Court is directed to enter judgment accordingly and close this case. 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); Lozada v. United States, 107 F.3d 1011, 1017 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 225, 259-60 (2d Cir. 1997). The Court certifies pursuant to 18 U.S.C. § 1915(a)(3) tha t any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/8/2015) Copies Mailed By Chambers. (mml)
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Petitioner: Shamei Brown
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Respondent: Brian Fisher
Represented By: John James Sergi
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Respondent: Joseph T. Smith
Represented By: John James Sergi
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