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16-1181 - Henderson v. Griffin


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16-1181 - Henderson v. Griffin
October 12, 2016
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DECISION AND ORDER: ORDERED that petitioner must either (1) pay the required filing fee of five dollars ($5.00) or (2) submit a complete IFP Application that has been certified and signed by an appropriate prison official within thirty (30) days of the date of this Decision and Order. The Clerk is directed to provide petitioner with a blank IFP Application. If petitioner fails to submit either the required filing fee or a complete, certified IFP Application, this action will be dismissed with no further orders from the court. ORDERED that the Clerk send petitioner a copy of the petition, Dkt. No. 1, along with a blank signature page. Petitioner must sign and date the signature page of his petition, and return it to the court by no later than thirty (30) days from the filing date of this Decision and Order. If petitioner fails to comply, this petition will be dismissed with no further orders from the Court. Signed by Judge Brenda K. Sannes on 10/12/16. (Notice of Compliance Deadline 11/14/2016, Case Review Deadline 12/12/2016) (served on petitioner with dkt. no. 1 and form IFP by regular mail)(alh, )
February 12, 2018
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MEMORANDUM DECISION: ORDERED THAT the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is DENIED. IT IS FURTHER 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. The Clerk of the Court is to enter judgment accordingly. Signed by Judge James K. Singleton on 2/12/18. (served on petitioner by regular mail)(alh, )
February 12, 2018
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JUDGMENT entered pursuant to the Memorandum Decision of the Honorable Judge James K. Singleton, dated the 12th day of February, 2018. (served on petitioner by regular mail) (alh, )