Daniels v. LaManna

Daniels v. LaManna

Petitioner:	Mark Daniels
Respondent:	Jamie LaManna
Case Number:	6:2017cv06395
Filed:	June 19, 2017
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Ulster
Presiding Judge:	Charles J. Siragusa
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 20, 2021	Filing 8 DECISION AND ORDER dismissing 1 Petition for Writ of Habeas Corpus filed by Mark Daniels. The Court finds that Daniels has failed to show that his conviction was "contrary to," or involved an unreasonable application of, clearly estab lished Federal law. 28 U.S.C. § 2254(d)(1). Accordingly, Daniels' application under 28 U.S.C. § 2254 [ECF No. 1] is denied. The Clerk of the Court is hereby ordered to close this case. Pursuant to 28 U.S.C. § 2253, the Court de clines to issue a certificate of appealability, because Daniels has not made a substantial showing of the denial of a constitutional right. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would no t 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.Signed by Hon. Charles J. Siragusa on 4/20/21. Copy of this NEF and decision and order mailed to pro se petitioner at Shawangunk.(KAP)-CLERK TO FOLLOW UP-

Date Filed

Document Text

April 20, 2021

Filing 8 DECISION AND ORDER dismissing 1 Petition for Writ of Habeas Corpus filed by Mark Daniels. The Court finds that Daniels has failed to show that his conviction was "contrary to," or involved an unreasonable application of, clearly estab lished Federal law. 28 U.S.C. § 2254(d)(1). Accordingly, Daniels' application under 28 U.S.C. § 2254 [ECF No. 1] is denied. The Clerk of the Court is hereby ordered to close this case. Pursuant to 28 U.S.C. § 2253, the Court de clines to issue a certificate of appealability, because Daniels has not made a substantial showing of the denial of a constitutional right. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would no t 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.Signed by Hon. Charles J. Siragusa on 4/20/21. Copy of this NEF and decision and order mailed to pro se petitioner at Shawangunk.(KAP)-CLERK TO FOLLOW UP-

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Petitioner: Mark Daniels
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Respondent: Jamie LaManna
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