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12-622 - Rought v. Superintendent


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12-622 - Rought v. Superintendent
January 9, 2014
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05 (2004). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22 (b); Second Circuit R. 22.1. The Clerk of the Court is to enter judgment accordingly. Signed by Judge James K. Singleton on 1/8/2014. (ptm) (Copy served on petitioner by regular mail)MEMORANDUM DECISION AND ORDER: ORDERED THAT Roughts Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED THAT this Court issues a Certificate of Appealability only with respect to Rought's interrelated claims that counsel was ineffective for failing to bring to the trial court's attention any issues regarding his competency, that the court should have sua sponte held a competency hearing prior to accepting his guilty plea, and that his plea was not knowingly, voluntarily, and intelligently entered due to issues of incompetency. This Court declines to issues a Certificate of Appealability with respect to all other claims. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 7