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15-13768 - Cabrera v. Medeiros


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15-13768 - Cabrera v. Medeiros
November 9, 2015
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Judge Denise J. Casper: ORDER entered. If petitioner wishes to proceed with this action, within 21 days of the date of this Procedural Order, he either must (1) pay the $5.00 filing fee; or (2) file a motion for leave to proceed in forma pauperis accompanied by a certified prison account statement. Failure of petitioner to comply with this directive may result in the dismissal of this action without prejudice.(PSSA, 3)
June 8, 2017
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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. Cabrera must demonstrate "a substantial showing of the denial of a constitutional right" to receive a certificate of appealability. 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). To do so, he must "demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong." Slack v. McDaniel, 529 U.S. 473, 484 (2000); Bly v. St. Amand, 9 F. Supp. 3d 137, 164-65 (D. Mass. 2014). Given the analysis of the factual record and the applicable law, the Court does not believe that reasonable jurists could differ as to how the Petition should have been resolved. For this reason, the Court is not inclined to issue a certificate of appealability, but will give petitioner until June 29, 2017 to file a memorandum not to exceed five (5) pages that addresses whether a certificate of appealability is warranted. Pursuant to Rule 11(a) governing § 2254 proceedings, if no such memorandum is received the Court will issue a notice of denial of the certificate of appealability. (Hourihan, Lisa)