Thompson v. Lynch et al
Nyran D. Thompson |
Loretta Lynch, Michael Philips, Department of Homeland Security and Todd Tryon |
6:2016cv06608 |
August 30, 2016 |
US District Court for the Western District of New York |
Rochester Office |
Monroe |
Charles J. Siragusa |
General |
28 U.S.C. ยง 2241 |
None |
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Filing 14 DENYING ORDER denying 10 Motion for Summary Judgment and denying petition for a writ of habeas corpus. Thompsons procedurally based motion for summary judgment [#10] is denied. As for the merits of the petition, based upon all of the foregoing, the court finds that petitioner has failed to demonstrate that he is in custody in violation of the Constitution or laws or treaties of the United States for the purposes of granting habeas corpus relief under 28 U.S.C. § 2241, and his petition must be denied. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis 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 Procedure. The Clerk of the Court is directed to terminate this action.. Signed by Hon. Charles J. Siragusa on 1/20/17. Copy of this decision and order and the NEF mailed to pro se petitioner at Buffalo Federal Detention. (KAP)-CLERK TO FOLLOW UP- |
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