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08-041 - Vassar v. Artus


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08-041 - Vassar v. Artus
March 14, 2016
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DECISION AND ORDER: ORDERED, that Petitioner's request for a certificate of appealability is DENIED as premature. ORDERED, that the Clerk of the Court is directed to seal the petition with accompanying exhibits, the memorandum of law, petitioner's § 440 motion, and petitioner's application for leave to appeal to the Appellate Division, which have been submitted (Dkt. Nos. 43-2, 3, 7 and 8). ORDERED, that if necessary, petitioner may file within thirty (30) days of entry of this Order any response to clarify the purpose of his submissions in Docket Number 43. Signed by Judge David N. Hurd on 3/14/16. (served on petitioner by regular mail)(alh, )
June 29, 2016
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DECISION AND ORDER: ORDERED that the amended petition, Dkt. No. 39, is DENIED AND DISMISSED. ORDERED, that no Certificate of Appealability ("COA") shall issue because petitioner failed to make a "substantial showing of the denial of a constitutional right" as required by 28 U.S.C. § 2253(c)(2). ORDERED, that any further request for a Certificate of Appealability must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Judge David N. Hurd on 6/29/16. (served on petitioner by regular mail)(alh, )
June 29, 2016
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JUDGMENT entered pursuant to the Decision and Order of the Honorable Judge David N. Hurd, dated the 29th day of June, 2016. (served on petitioner by regular mail) (alh, )