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08-3608 - Terry v. Ercole

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08-3608 - Terry v. Ercole
September 8, 2008
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MEMORANDUM AND ORDER: The petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED, without prejudice, to renewal upon the exhaustion of the remedies available in the courts of the State of New York. As petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability shall not issue. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal would not be taken in good faith and, therefore, in forma pauperis is denied for the purpose of any appeal. The Clerk is directed to close this case. Ordered by Judge Roslynn R. Mauskopf on 9/8/2008. C/M. (Brucella, Michelle)