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07-5026 - Moon v. Rock

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07-5026 - Moon v. Rock
December 15, 2008
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on 12/15/08. (Brienza, Lauren)OPINION AND ORDER granting 5 Motion to Dismiss. 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