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16-512 - Miller v. Chapplus


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16-512 - Miller v. Chapplus
April 2, 2018
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that the Clarence Miller's petition (Dkt. No. 1) be DENIED and DISMISSED. RECOMMENDED, that no certificate of appealability should be issued with respect to any of petitioner's claims as petitioner 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 4/19/2018 Case Review Deadline 4/23/2018. Signed by Magistrate Judge Christian F. Hummel on 4/2/18. (Attachments: # (1) Exhibit(s)){r&r served via regular mail on petitioner}(nas, )
June 5, 2018
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DECISION AND ORDER: The Report-Recommendation of Magistrate Judge Hummel, dkt. # 22, is hereby ACCEPTED and ADOPTED. Petitioner Clarence Miller's petition for a writ of habeas corpus, dkt. #1, is hereby DENIED. No certificate of appealability will be issued with respect to any of petitioner's claims. 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 Senior Judge Thomas J. McAvoy on 6/5/18. {order served via regular mail on petitioner}(nas)