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05-852 - Goldstein v. United States of America


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05-852 - Goldstein v. United States of America
April 6, 2006
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MEMORANDUM AND OPINION; The United States Attorney, as attorney for Respondent, show cause before this Court why a writ of habeas corpus should not be issued by the filing of a return to the petition; Within fifteen (15) days of receipt of this order, the United States Attorney shall serve a copy of the return on Petitioner and shall file the original thereof, with prof of such service, with the Clerk of this Court; Petitioner, within twenty-one (21) days of the date of receipt by him of a copy of the return of the United States Attorney, shall file his reply, if any, with proof of service, with the Clerk of this Court; Service of a copy of this order shall be made by the Clerk of this court by forwarding a copy, together with a copy of the petition, to the Untied states Attorney, Attention Burton Ryan, Assistant United states Attorney, and by mailing a copy of this Order to the Petitioner.. Ordered by Judge Sandra J. Feuerstein on 4/6/06. (Mierzejewski, Elizabeth)
November 19, 2008
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OPINION AND ORDER: The Petition for writ of habeas corpus is DENIED in its entirety and the proceeding is dismissed. Since Petitioner has failed to make a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. Petitioner has a right to seek a certificate of appealability from the Court of Appeals for the Second Circuit. The Clerk of the Court is directed to close. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 11/19/08. cm (Brienza, Lauren)