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14-590 - Garofolo v. Annucci


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14-590 - Garofolo v. Annucci
March 6, 2017
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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 declines to issue a Certificate of Appealability. 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 3/6/17. (served on petitioner at his last known address on record by regular mail)(alh, )
March 6, 2017
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JUDGMENT entered pursuant to the Memorandum Decision of the Honorable Senior United States District Judge James K. Singleton, dated the 6th day of March, 2017. (served on petitioner at the last known address on record by regular mail) (alh, )