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13-101 - Clyde v. Rock


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13-101 - Clyde v. Rock
December 22, 2015
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ORDER and REPORT-RECOMMENDATION: RECOMMENDED, that the Petition for a writ of habeas corpus (Dkt. No. 1) be DENIED and DISMISSED. The Court finds that Petitioner has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. ยง 2253(c)(2) (2006) ("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). Therefore, the Court recommends that no certificate of appealability issue with respect to any of Petitioner's claims. Objections to R&R due by 1/8/2016 Case Review Deadline 1/12/2016. Signed by Magistrate Judge Therese Wiley Dancks on 12/22/15. (served on petitioner by regular mail)(alh, )
January 15, 2016
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MEMORANDUM-DECISION AND ORDER: ORDERED that the Order and Report and Recommendation (Dkt. No. 21) by United States Magistrate Judge Therese Wiley Dancks is adopted and accepted in its entirety. ORDERED that the petition (Dkt. No. 1) is denied and dismissed. ORDERED that a certificate of appealability shall not be issued in this case. Signed by Senior Judge Norman A. Mordue on 1/15/16. (served on petitioner by regular mail) (alh, )
January 15, 2016
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JUDGMENT entered pursuant to the Memorandum-Decision and Order of the Honorable Judge Norman A. Mordue, dated the 15th day of January, 2016. (served on petitioner by regular mail) (alh, )