Coleman v. Racette

Coleman v. Racette

Petitioner:	Anthony Coleman
Respondent:	Steven Racette
Case Number:	7:2015cv04904
Filed:	June 18, 2015
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Clinton
Presiding Judge:	Judith C. McCarthy
Presiding Judge:	Nelson Stephen Roman
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 2, 2019	Filing 25 OPINION AND ORDER for 24 Report and Recommendations. For these reasons, the Court adopts Judge McCarthy's R&R in its entirety. The petition for a writ of habeas corpus is therefore DENIED. The Clerk of Court is respectfully directed to term inate the motion at ECF No. 24, enter judgment accordingly, and close this case. The Clerk of the Court is further directed to mail a copy of this Opinion to Petitioner at his address on the docket. 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 ot her 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) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is deni ed 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 4/2/2019) (ne) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
February 27, 2019	Filing 24 REPORT AND RECOMMENDATIONS: For the foregoing reasons, I respectfully recommend that the Petition be denied in its entirety. Further, because reasonable jurists would not find it debatable that Petitioner has failed to demonstrate by a substantial showing that he was denied a constitutional right, I recommend that no certificate of appealability be issued. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 48384 (2000). The Clerk of Court is requested to mail a copy of this Report and Recommendation to the pro se Petitioner. (Signed by Magistrate Judge Judith C. McCarthy on 2/27/2019) (ks) Transmission to Docket Assistant Clerk for processing.

Date Filed

Document Text

April 2, 2019

Filing 25 OPINION AND ORDER for 24 Report and Recommendations. For these reasons, the Court adopts Judge McCarthy's R&R in its entirety. The petition for a writ of habeas corpus is therefore DENIED. The Clerk of Court is respectfully directed to term inate the motion at ECF No. 24, enter judgment accordingly, and close this case. The Clerk of the Court is further directed to mail a copy of this Opinion to Petitioner at his address on the docket. 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 ot her 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) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is deni ed 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 4/2/2019) (ne) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

February 27, 2019

Filing 24 REPORT AND RECOMMENDATIONS: For the foregoing reasons, I respectfully recommend that the Petition be denied in its entirety. Further, because reasonable jurists would not find it debatable that Petitioner has failed to demonstrate by a substantial showing that he was denied a constitutional right, I recommend that no certificate of appealability be issued. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 48384 (2000). The Clerk of Court is requested to mail a copy of this Report and Recommendation to the pro se Petitioner. (Signed by Magistrate Judge Judith C. McCarthy on 2/27/2019) (ks) Transmission to Docket Assistant Clerk for processing.

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Petitioner: Anthony Coleman
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Respondent: Steven Racette
Represented By:	John James Sergi
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