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13-768 - Jones v. Artus


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13-768 - Jones v. Artus
June 13, 2016
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MEMORANDUM DECISION: ORDERED that the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is DENIED. ORDERED that the Court grants a Certificate of Appealability solely to his claim that the prosecutor improperly vouched for DiTumbule's credibility. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.'" (quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. Signed by Judge James K. Singleton on 6/13/16. (served on petitioner by regular mail)(alh, )
June 13, 2016
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JUDGMENT entered pursuant to the Memorandum and Decision of the Honorable Judge James K. Singleton, dated the 13th day of June, 2016. (served on petitioner by regular mail) (alh, )