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15-059 - Smith v. Martuscello


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15-059 - Smith v. Martuscello
January 6, 2016
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DECISION AND ORDER: ORDERED that the petition, Dkt. No. 1, is DENIED and DISMISSED. ORDERED that no Certificate of Appealability ("COA") shall issue because petitioner failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. ยง 2253(c)(2) requires.5 Any further request for a Certificate of Appealability must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Senior Judge Thomas J. McAvoy on 1/6/16. (served on petitioner by regular mail)(alh, )
January 6, 2016
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JUDGMENT entered pursuant to the order of Senior Judge Thomas J. McAvoy, dated the 6th day of January, 2016. (served on petitioner by regular mail) (alh, )