Love v. Martuscello

Love v. Martuscello

Petitioner:	John L. Love
Respondent:	Daniel F. Martuscello
Case Number:	6:2017cv06244
Filed:	April 19, 2017
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Greene
Presiding Judge:	Frank P. Geraci
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 10, 2022	Filing 49 DECISION AND ORDER The motion to amend 40 is denied, the requests for appointment of counsel and an evidentiary hearing 42 are denied, and the petition 1 is dismissed. Because Love has not made a "substantial showing of the denial of a con stitutional right," 28 U.S.C. § 2253(c)(2), I decline to issue a certificate of appealability. Signed by Hon. David G. Larimer on 6/10/2022. A copy of this Decision and Order was sent by First Class Mail to petitioner John L. Love on 6/10/2022 to his address of record. (KAH) -CLERK TO FOLLOW UP-
January 3, 2022	Filing 41 DECISION AND ORDER The motion to amend 40 is denied without prejudice with leave to refile. If Love decides to refile the motion to amend, it is due thirty (30) days of the date of entry of this Decision and Order. To the extent the motion request s "reinstatement of appointment of counsel motion," there is no basis to reconsider the previous motion (Dkt. #35), and therefore appointment of counsel is denied. The conclusory request in the alternative for a hearing is also denied.In addition to a copy of this Decision and Order and Notice of Electronic Filing, the Clerk of Court is directed to mail Love copies of the following documents: (1) Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody; (2) Instructions for completing Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody; and copies of Dkt. ##40 and 41. Signed by Hon. David G. Larimer on 1/3/2022. (KAH)

Date Filed

Document Text

June 10, 2022

Filing 49 DECISION AND ORDER The motion to amend 40 is denied, the requests for appointment of counsel and an evidentiary hearing 42 are denied, and the petition 1 is dismissed. Because Love has not made a "substantial showing of the denial of a con stitutional right," 28 U.S.C. § 2253(c)(2), I decline to issue a certificate of appealability. Signed by Hon. David G. Larimer on 6/10/2022. A copy of this Decision and Order was sent by First Class Mail to petitioner John L. Love on 6/10/2022 to his address of record. (KAH) -CLERK TO FOLLOW UP-

January 3, 2022

Filing 41 DECISION AND ORDER The motion to amend 40 is denied without prejudice with leave to refile. If Love decides to refile the motion to amend, it is due thirty (30) days of the date of entry of this Decision and Order. To the extent the motion request s "reinstatement of appointment of counsel motion," there is no basis to reconsider the previous motion (Dkt. #35), and therefore appointment of counsel is denied. The conclusory request in the alternative for a hearing is also denied.In addition to a copy of this Decision and Order and Notice of Electronic Filing, the Clerk of Court is directed to mail Love copies of the following documents: (1) Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody; (2) Instructions for completing Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody; and copies of Dkt. ##40 and 41. Signed by Hon. David G. Larimer on 1/3/2022. (KAH)

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Petitioner: John L. Love
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Respondent: Daniel F. Martuscello
Represented By:	Alyson Gill, Arlene Roces, Laura Stockmyer (e-service)
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