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15-6580 - Campos v. Smith et al

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15-6580 - Campos v. Smith et al
March 15, 2017
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MEMORANDUM AND ORDER: On April 7, 2015, petitioner John S. Campos was convicted in New York Supreme Court Richmond County, of aggravated criminal contempt, aggravated family offense, and criminal contempt in the first degree. On November 6, 2015 petitioner commenced the instant action by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C 2254. (D.E #1.("Petition").) On March 10, 2016 respondent filed a motion to dismiss the petition without prejudice due to petitioner's failure to exhaust his claims in state court. (D.E. #8-3("Resp. Mem").) For the reasons stated above, the Court dismisses the habeas petition without prejudice. As petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability will not issue. 28 U.S.C 2253. The Clerk of Court is directed to enter Judgment accordingly and close the case. (See attachment for dull details). Ordered by Judge Carol Bagley Amon on 3/13/2017. (Basnight, Jasmine)