Melendez v. Fischer et al
| Michael Melendez |
| Brian Fischer and James Berbary |
| 6:2013cv06231 |
| May 2, 2013 |
| US District Court for the Western District of New York |
| Rochester Office |
| Erie |
| Charles J. Siragusa |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
10
-CLERK TO FOLLOW UP-DECISION AND ORDER re 1 Petition for Writ of Habeas Corpus filed by Michael Melendez. Inmate Michael Melendezs Petition for a writ of habeas corpus, pursuant to 42 U.S.C. § 2254, is denied. Because Petitioner has not ma de a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability. 28 U.S.C. § 2253. Further, The Court hereby certifies, pursuant to 28 U.S.C. ' 1915(a)(3), that any appeal from this Decision and Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is hereby denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal as a poor person should be directed, on motion, to the United States Court of Appeals for the Second Circuit, in accordance with Rule 24 of the Federal Rules of Appellate Proce-dure. Signed by Hon. Charles J. Siragusa on 10/9/13. (KAP)
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Filing
6
ORDER re 1 Petition for Writ of Habeas Corpus filed by Michael Melendez, Answer and memo of law due 8/9/13 as to James Berbary and Brian Fischer and the clerk of Court shall serve a copy of the petition together with a copy of this order by certified mail upon respondent Supr. of Woodbourn Corr Facility, Office of the NYS Attorney General, Federal Habeas Unit NY, NY. Signed by Hon. Richard J. Arcara on 6/28/13. (TA)
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