LaFauci v. NH Adult Parole Board, Executive et al
Filing
34
ORDER denying 33 Motion for Leave to File. So Ordered by Judge Paul J. Barbadoro. (mm)
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Anthony LaFauci v. NH Adult Parole Board, et al. ORDER The defendant has not made a substantial showing of the denial of a constitutional right. To the extent that he seeks a To the Case No. 08-cv-77-PB
certificate of appealability, his motion is denied.
extent that he intends his motion to seek permission to file a new petition, I lack the authority to act on the motion. Thus, I
construe the motion as a motion for certificate of appealability and I deny the motion without prejudice to petitioner's right to petition the Court of Appeals for authority to file a second habeas corpus petition. SO ORDERED.
/s/Paul Barbadoro Paul Barbadoro United States District Judge September 29, 2009 cc: Anthony LaFauci, pro se Elizabeth Woodcock, Esq.
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