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14-2446 - Llewellyn v. People Of The State Of New York

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14-2446 - Llewellyn v. People Of The State Of New York
December 22, 2014
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ORDER STAYING CASE: For the reasons set forth in the attached Memorandum and Order, Llewellyn's petition for habeas corpus pursuant to 28 U.S.C. § 2254 is stayed and will be held in abeyance pending the exhaustion of his ineffective assistance claims. Ordered by Judge John Gleeson on 12/22/2014. (Ross, Peter)
January 29, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION: The Court hereby adopts the Report and Recommendation of the Honorable Lois Bloom and, for the reasons set forth in the attached, dismisses the petition with prejudice. See Porter v. Potter, 219 F. App'x 112 (2d Cir. 2007) (summary order). Because Petitioner has failed to make a substantial showing of the denial of any constitutional right, no certificate of appealability shall issue. See 28 U.S.C. § 2253(c)(2). Additionally, 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 the purpose of appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to enter judgment and terminate this case accordingly. Ordered by Judge Pamela K. Chen on 1/29/2018. (Hess, Alexandra)