JOSEPHS v. KIRKPATRICK

Filing 50

ORDERED that the 43 & 45 Motions to expand the record are DENIED IN PART & GRANTED only to the extent that the Court will consider Exhibit B, etc. ORDERED that the Petition is DENIED; no certificate of appealability shall issue. Signed by Judge Renee Marie Bumb on 9/27/2012. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
DARON JOSEPHS,
a/k/a DOMINIC GIBBS,

:
:
:
Petitioner,
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v.
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ROBERT A KIRKPATRICK, et al., :
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Respondents.
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Civil Action No. 10-0753 (RMB)
ORDER

For the reasons set forth in the Opinion filed herewith,
IT IS on this 27th day of September 2012, hereby:
ORDERED that the Motions [43, 45] to expand the record are
DENIED IN PART, and are GRANTED only to the extent that this
Court will consider the 2006 letter from state PCR counsel and
attached affidavit of Carmeta V. Lindo, constituting Exhibit B to
the Motion [45], that were mistakenly omitted from the state
court record provided by Respondents to this Court; and it is
further
ORDERED that the Petition for writ of habeas corpus under 28
U.S.C. § 2254 is DENIED; and it is further
ORDERED that no certificate of appealability shall issue
under 28 U.S.C. § 2253(c)(2), the Petitioner having failed to
make a substantial showing of the denial of a constitutional
right.
s/Renée Marie Bumb
RENEE MARIE BUMB
United States District Judge