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14-938 - Brown v. Miller


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14-938 - Brown v. Miller
June 1, 2016
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Robert Brown's petition for a writ of habeas corpus (Dkt. No. 1) be DENIED. RECOMMENDED that no certificate of appealability should be issued with respect to any of Brown's claims as Brown has not made a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). See 28 U.S.C. § 2253(c)(2) ("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). Objections to R&R due by 6/20/2016 Case Review Deadline 6/22/2016. Signed by Magistrate Judge Christian F. Hummel on 5/31/16. (Attachments: # (1) Unpublished Cases Cited) (served on petitioner by regular mail)(alh, )
October 17, 2016
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DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 37) is APPROVED and ADOPTED in its entirety. ORDERED, that Petitioner's Petition for a Writ of Habeas Corpus (Dkt. No. 1) is DENIED. ORDERED, that no certificate of appealability will be issued with respect to any of Petitioner's claims, because Petitioner has failed to make a "substantial showing of the denial of a constitutional right" under 28 U.S.C. § 2253(c)(2). ORDERED, that in forma pauperis status is denied for the purpose of an appeal under 28 U.S.C. § 1915(a)(3) because any appeal from this Decision and Order would not be taken in good faith. Signed by Senior Judge Lawrence E. Kahn on 10/17/16. (served on petitioner by regular mail)(alh, )
October 17, 2016
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JUDGMENT entered in accordance with the DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated October 17, 2016. (served on petitioner by regular mail) (alh, )