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05-6118 - Bien v. Smith


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05-6118 - Bien v. Smith
April 19, 2008
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MEMORANDUM OF DECISION AND ORDER - Based on the foregoing, the Court finds that the state courts determinations were not contrary to, or an unreasonable application of, clearly established federal law. Nor were they based on an unreasonable determination of the facts in light of the evidence presented. 28 U.S.C. § 2254(d). Accordingly, the petition of Stephen Bien for a writ of habeas corpus is DENIED. Pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253(c)(2), a certificate of appealability is DENIED, as the Petitioner fails to make a substantial showing of a denial of a constitutional right. Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 1039, 154 L. Ed. 2d 931 (2003); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Clerk of the Court is directed to close this case. (Ordered by Senior Judge Arthur D. Spatt on 4/19/08). (Coleman, Laurie) (Additional attachment(s) added on 4/21/2008: # (1) Amended Decision) (Coleman, Laurie).