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01-5812 - Lettley v. Walsh


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01-5812 - Lettley v. Walsh
September 16, 2005
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ORDER denying 49 motion for leave to amend petition. Copy of decision mailed to petitioner by chambers. Ordered by Judge Nicholas G. Garaufis on 9/16/05. (Akowuah, Kwaku)
December 20, 2007
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REPORT AND RECOMMENDATION: It is recommended that petitioner's application for a writ of habeas corpus under 28 U.S.C. § 2254 should be denied. Because petitioner has not made a substantial showing of the denial of any constitutional right, no certificate of appealability should issue. 28 U.S.C. § 2253(c)(2); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 111-13 (2d Cir. 2000). It is also recommended that the Court should ceritify pursuant to 28 U.S.C. § 1915(a) that in forma pauperis status should be denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438 (1962). Any objections to this Report and Recommendation must be filed with the Clerk of the Court, with a copy to the undersigned, within 10 days of the receipt of this Report. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 12/20/2007) C/mailed. (Latka-Mucha, Wieslawa) Modified on 8/26/2008 (Lee, Tiffeny).
August 26, 2008
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ORDER ADOPTING 56 Report and Recommendations of Magistrate Judge Lois Bloom. Lettley's application for a writ of habeas corpus is denied. No certificate of appealability shall issue. In forma pauperis status is denied for the purposes of any appeal. Ordered by Judge Nicholas G. Garaufis on 8/26/2008. (c/m to pro se petitioner; fwd'd for jgm) (Lee, Tiffeny)