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16-817 - Adsit v. Annucci, et al


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16-817 - Adsit v. Annucci, et al
January 11, 2018
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Jamison Adist'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 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 1/25/2018. Signed by Magistrate Judge Christian F. Hummel on 1/10/18. (Served in accordance with Local Rules)(alh, )
March 5, 2018
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DECISION AND ORDER accepting and adopting #33 Magistrate Judge Hummel's 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, because 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 3/5/18. (lmw)