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14-1641 - Thompson v. Griffin


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14-1641 - Thompson v. Griffin
March 3, 2015
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ORDER denying 5 Motion to Stay -- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, Petitioner's motion for stay of this habeas corpus proceeding made pursuant to 28 U.S.C. § 2254 is denied. Petitioner is denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se petitioner. SO ORDERED by Judge Dora Lizette Irizarry on 3/3/2015. (Irizarry, Dora)
March 30, 2018
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ORDER denying 36 Motion to Stay and for Discovery and Granting Leave to Amend Petition -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's motion to amend his petition made pursuant to 28 U.S.C. § 2254 is granted only to the extent that he may include the claims he raised in his initial coram nobis petition. Petitioner shall file his amended petition NO LATER THAN APRIL 30, 2018. Petitioner's motion for a stay of these proceedings and for discovery is denied. Petitioner is denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail to pro sePetitioner a copy of this Electronic Order and the Attached Written Memorandum and Order. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)