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08-2674 - Davis v. Marshall

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08-2674 - Davis v. Marshall
December 2, 2008
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OPINION AND ORDER: The petition for a 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 appealaibility from the Court of Appeals for the Second Circuit. The Clerk of the Court is directed to close this case. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 12/2/08. cm (Brienza, Lauren)