Martin v. Perez

Martin v. Perez

Petitioner:	Jasper Martin
Respondent:	Ada Perez
Case Number:	7:2013cv02413
Filed:	April 9, 2013
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Dutchess
Presiding Judge:	Vincent L. Briccetti
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
October 3, 2016	Filing 26 MEMORANDUM OPINION AND ORDER for 22 Report and Recommendations. The R&R is adopted as modified for the reasons stated herein. Accordingly, the petition for a writ of habeas corpus is DENIED. The Clerk is instructed 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). The C ourt also certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith; 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 Vincent L. Briccetti on 10/3/2016) Copies Mailed By Chambers. (rj)

Date Filed

Document Text

October 3, 2016

Filing 26 MEMORANDUM OPINION AND ORDER for 22 Report and Recommendations. The R&R is adopted as modified for the reasons stated herein. Accordingly, the petition for a writ of habeas corpus is DENIED. The Clerk is instructed 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). The C ourt also certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith; 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 Vincent L. Briccetti on 10/3/2016) Copies Mailed By Chambers. (rj)

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Petitioner: Jasper Martin
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Respondent: Ada Perez
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