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17-074 - Woolsey v. Mitzel


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17-074 - Woolsey v. Mitzel
February 27, 2017
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/2017). Signed by Magistrate Judge David E. Peebles on 2/27/17. (Copy served on petitioner via regular and certified)(rjb, )te of appealability not be issued in this action AND ORDER that petitioner's application for leave to proceed in this action without prepayment of fees is DENIED without prejudice. ( Objections to R&R due by 3/16/2017, Case Review Deadline 3/20REPORT AND RECOMMENDATIONS that the petition (Dkt. No. 2) in this matter be DISMISSED; that petitioner's motion for reconsideration of the transfer order from the Eastern District of New York (Dkt. No. 8) be DENIED as moot; that a certifica
May 22, 2017
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DECISION & ORDER: that the Court Accepts and Adopts the recommendations made by Magistrate Judge Peebles in the February 27, 2017 Report, Recommendation and Order dkt. # 11; that the 2 petition is Denied and Dismissed; that Petitioner's motion for reconsideration of the transfer order from the Eastern District of New York (Dkt. No. 8) is Denied as moot. The Court also finds that the petition presents no questions of substance for appellate review, and that the Petitioner has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); see Fed. R. App. P. 22(b). Accordingly, a certificate of appealability will not issue; that Respondents' motion to dismiss (Dkt. # 20) is Denied as moot; and that Petitioner's motion for Leave to Proceed In Forma Pauperis in Support of the Application to Appoint Counsel (Dkt. # 21) is Denied as moot. Signed by Senior Judge Thomas J. McAvoy on 05/22/2017. (Copy of Decision and Order was served on pro se petitioner at 132 North Washington Street, Winchester, VA 22601 and pro se respondents at 295 Lucas Avenue, Kingston, NY 12401 via regular and certified mail on 05/22/2017.)(hmr)
May 22, 2017
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JUDGMENT: that the Court Accepts and Adopts the recommendations made by Magistrate Judge Peebles in the February 27, 2017 Report, Recommendation and Order dkt. # 11; that the 2 petition is Denied and Dismissed; that Petitioner's motion for reconsideration of the transfer order from the Eastern District of New York (Dkt. No. 8) is Denied as moot. The Court also finds that the petition presents no questions of substance for appellate review, and that the Petitioner has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); see Fed. R. App. P. 22(b). Accordingly, a certificate of appealability will not issue. That Respondents' motion to dismiss (Dkt. # 20) is Denied as moot; and that Petitioner's motion for Leave to Proceed In Forma Pauperis in Support of the Application to Appoint Counsel (Dkt. # 21) is Denied as moot. All pursuant to the 22 Decision and Order of the Senior U.S. District Judge Thomas J. McAvoy dated May 22, 2017. (Copy of Judgment was served on pro se petitioner at 132 North Washington Street, Winchester, VA 22601 and pro se respondents at 295 Lucas Avenue, Kingston, NY 12401 via regular and certified mail on 05/22/2017.)(hmr)