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08-4901 - Thrower v. State of New York

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08-4901 - Thrower v. State of New York
December 19, 2008
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OPINION AND ORDER: Petitioner fails to satisfy the "in custody" requirement and this court lacks jurisdiction over the pending petition. The instant petition for a writ of habeas corpus is therefore denied. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. ยง 2253(c)(2). The Court certifies that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 12/16/2008) C/mailed. (Latka-Mucha, Wieslawa)