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13-775 - Muller v. Lee


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13-775 - Muller v. Lee
September 5, 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 that 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 9/22/2016 Case Review Deadline 9/26/2016. Signed by Magistrate Judge Therese Wiley Dancks on 9/2/16. (nas )
September 27, 2016
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DECISION AND ORDER granting #44 Magistrate Judge Dancks' Report and Recommendation in its entirety. The petition is denied and dismissed. A certificate of appealability not issue with respect to any of the claims set forth in the Petition as Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Signed by Chief Judge Glenn T. Suddaby on 9/27/16. (lmw)