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08-193 - Waters v. Lape et al

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08-193 - Waters v. Lape et al
February 11, 2008
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ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, pro se petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED, without prejudice to renew upon the exhaustion of the remedies available in the courts of the State of New York. See 28 U.S.C. § 2254(b)(1)(A). As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this order would not be taken in good faith, and, therefore, in forma pauperis is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of the Court is directed to close the file maintained in this matter. A copy of this Electronic Order and the ATTACHED WRITTEN MEMORANDUM AND ORDER shall be mailed to petitioner by the Clerk of the Court. SO ORDERED by Judge Dora Lizette Irizarry on 02/11/08. (Irizarry, Dora)