Baker v. Greene

Baker v. Greene

Petitioner:	Dephen Baker
Respondent:	Gary Greene
Case Number:	6:2003cv06368
Filed:	August 4, 2003
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	Marian W. Payson
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 2, 2010	Filing 16 DECISION AND ORDER The petition for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254 is denied, and the petition is dismissed. Because Petitioner has failed to make "a substantial showing of a denial of a constitutional right," 2 8 U.S.C. § 2253(c)(2), I decline to issue a certificate of appealability. Any appeal from this judgment would not be taken in good faith and therefore leave to appeal as a poor person is denied. Petitioner must file any notice of appeal with th e Clerk's Office, United States District Court, Western District of New York, within 30 days of the date of judgment in this action. Requests to proceed on appeal as a poor person must be filed with United States Court of Appeals for the Second Circuit in accordance with the requirements of Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Marian W. Payson on 9/2/2010. (KAH)

Date Filed

Document Text

September 2, 2010

Filing 16 DECISION AND ORDER The petition for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254 is denied, and the petition is dismissed. Because Petitioner has failed to make "a substantial showing of a denial of a constitutional right," 2 8 U.S.C. § 2253(c)(2), I decline to issue a certificate of appealability. Any appeal from this judgment would not be taken in good faith and therefore leave to appeal as a poor person is denied. Petitioner must file any notice of appeal with th e Clerk's Office, United States District Court, Western District of New York, within 30 days of the date of judgment in this action. Requests to proceed on appeal as a poor person must be filed with United States Court of Appeals for the Second Circuit in accordance with the requirements of Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Marian W. Payson on 9/2/2010. (KAH)

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Petitioner: Dephen Baker
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Respondent: Gary Greene
Represented By:	Loretta S. Courtney
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