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15-12995 - Aldrich v. MacEachern


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15-12995 - Aldrich v. MacEachern
August 9, 2016
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Ryan's motion to dismiss, D. 20.(Hourihan, Lisa)
January 23, 2018
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES the Petition for a writ of habeas corpus, D. 1. Aldrich may receive a certificate of appealability only if he "has made a substantial showing of the denial of a constitutional right." 28 U.S.C. ยง 2253(c)(2). A certificate of appealability is appropriate when "reasonable jurists would find the district court's assessment of the constitutional claim debatable or wrong." Miller-El v. Cockrell, 537 U.S. 322, 338 (2003) (internal quotations omitted). Based upon the analysis of the record and the applicable law in this Memorandum and Order, the Court does not, at this juncture, conclude that reasonable jurists would find its conclusion, denying the Petition both on procedural and substantive grounds, debatable or wrong. The Court, therefore, is not inclined to issue a certificate of appealability, but will give Aldrich until February 13, 2018 to file a memorandum, not to exceed five (5) pages, if he seeks to address the issue of whether a certificate of appealability is warranted as to the Petition.(Hourihan, Lisa)