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12-657 - Gantt v. Daniel Martuscello, Superintendent


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12-657 - Gantt v. Daniel Martuscello, Superintendent
November 25, 2013
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y Magistrate Judge Christian F. Hummel on 11/25/2013. (Attachments: # (1) Exhibit(s) A, # (2) Exhibit(s) B, # (3) Exhibit(s) C, # (4) Exhibit(s) D, # (5) Exhibit(s) E, # (6) Exhibit(s) F, # (7) Exhibit(s) G, # (8) Exhibit(s) H, # (9) Exhibit(s) I, # (10) Exhibit(s) J)(ptm) (Copy served on petitioner by regular mail)REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Gantt's petition for a writ of habeas corpus (Dkt. No. 1) be DENIED. It is further RECOMMENDED that no certificate of appealability should be issued with respect to any of Gantt's claims as Gantt has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). See 28 U.S.C. § 2253(c)(2) ("A certificate of appealability may issue... only if the applicant has made a substantial showing of the denial of a constitutional right."); see also Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). (Objections to R&R due by 12/12/2013, Case Review Deadline 12/16/2013) Signed b
January 10, 2014
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ORDER ADOPTING REPORT-RECOMMENDATION AND ORDER: ORDERS that Magistrate Judge Hummel's 16 Report-Recommendation and Order is ADOPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Petitioner's petition for a writ of habeas corpus is DENIED and DISMISSED; and the Court further ORDERS that no Certificate of Appealability shall be issued with respect to any of Petitioner's claims; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum- Decision and Order on all parties in accordance with the Local Rules; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Respondent's favor and close this case. Signed by U.S. District Judge Mae A. D'Agostino on 1/10/2014. (ptm) (Copy served on petitioner by regular mail)