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13-419 - Weiss v. Superintendent


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13-419 - Weiss v. Superintendent
September 12, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED, that the petition for a writ of habeas corpus (Dkt. No. 1) be DENIED and DISMISSED. The Court finds Petitioner has not made a "substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 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 9/29/2016 Case Review Deadline 10/3/2016. Signed by Magistrate Judge Therese Wiley Dancks on 9/12/16. {r&r served via regular mail and via certified mail on petitioner}(nas)
October 11, 2016
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MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Therese Wiley Dancks' Report and Recommendation (Dkt. No. 27) is ADOPTED in its entirety. ORDERED that the petition (Dkt. No. 1) is DENIED and DISMISSED. ORDERED that, because Weiss has failed to make a substantial showing of the denial of a constitutional rights, no certificate of appealability shall issue pursuant to 28 U.S.C. § 2253(c)(2). ORDERED that the Clerk close this case. Signed by Senior Judge Gary L. Sharpe on 10/11/16. (served on petitioner by regular and certified mail) (alh, )
October 11, 2016
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JUDGMENT entered in accordance with the Memorandum-Decision and Order issued by Senior District Judge Gary L. Sharpe on October 11, 2016. (served on petitioner by regular and certified mail) (alh, )