Philips v. Brown

Filing 77

MEMORANDUM AND ORDER: Having carefully reviewed the disposition of Philipss motion, the Court concludes that the motion did not make a substantial showing of the denial of a constitutional right. Accordingly, a certificate of appealability will not issue. A copy will be mailed to the petitioner by regular mail and from chambers. Ordered by Senior Judge Frederic Block on 4/20/2012. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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GEORGE PHILIPS,
Petitioner,
-against-

MEMORANDUM
Case No. 08-CV-2625
Case No. 08-CV-2626

WILLIAM BROWN,
Respondent.
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Appearances:
For the Petitioner:
HERALD PRICE FAHRINGER, ESQ.
ERICA DUBNO, ESQ.
Fahringer & Dubno
120 East 56th Street, Suite 1150
New York, NY 10022
GEORGE PHILIPS, pro se
#00AA2299
Eastern Correctional Facility
P.O. Box 338
Napanoch, NY 12458-0338

For the Respondent:
RICHARD BROWN, ESQ.
Queens County District Attorney
125-01 Queens Boulevard
Kew Gardens, NY 11415
By:
JOHN CASTELLANO, ESQ.
KAREN WEISS, ESQ.
Assistant District Attorneys
KATHLEEN RICE, ESQ.
Nassau County District Attorney
262 Old Country Road
Mineola, New York 11501
By:
JASON WEINSTEIN, ESQ.
MARGARET MAINSUCH, ESQ.
Assistant District Attorneys

BLOCK, Senior District Judge:
On May 23, 2011, the Court denied George Philips’s petitions for writs of habeas
corpus pursuant to 22 U.S.C. § 2254. It did not issue a certificate of appealability because Philips
did not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c).

On January 23, 2012, the Court denied Philips’s pro se motion for reconsideration
pursuant to Federal Rules of Civil Procedure 59(e) and 60(b). Although Philips did not request a
certificate of appealability in connection with his motion, the Second Circuit Clerk’s Office has
asked the Court to consider whether to issue one sua sponte.
Having carefully reviewed the disposition of Philips’s motion, the Court concludes
that the motion did not make a substantial showing of the denial of a constitutional right.
Accordingly, a certificate of appealability will not issue.

_____________________________________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
April 19, 2012

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