Marcel v. Byrne et al

Filing 5

JUDGMENT, That the petition for a writ of habeas corpus is denied; that Petitioner's request for the appointment of counsel is denied as moot; that a Certificate of Appealability shall not issue; that pursuant to 28 USC sec. 1915(a)any appeal from a judgment denying the instant petition would not be taken in good faith. (Ordered by Douglas C. Palmer, Clerk of Court on 11/22/2011) c/m w/ Appeals Package sent to Petitioner. (Galeano, Sonia)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

--------------------------------------------------------------------){
DANIEL MARCEL,

JUDGMENT
11-CV- 4695 (RRM)
Petitioner,

-againstSEAN M. BRYNE, Commissioner of New
York State Division of Criminal Justice
Services; ERIC T. SCHNEIDREMAN,
Attorney General of the State of New York,
Respondents.

--------------------------------------------------------------------X
A Memorandum and Order of Honorable Roslynn R. Mauskopf, United States
District Judge, having been filed November 10, 2011, denying the petition for a writ of habeas
corpus; denying as moot Petitioner's request for the appointment of counsel; ordering that a
Certificate of Appealability shall not issue; certifying pursuant to 28 U.S.C. § 1915(a) that any
appeal from a judgment denying the petition would not be taken in good faith; it is
ORDERED and ADJUDGED that the petition for a writ of habeas corpus is
denied; that Petitioner's request for the appointment of counsel is denied as moot; that a
Certificate of Appealability shall not issue; that pursuant to 28 U.S.C. § 191 S(a) any appeal
from a judgment denying the instant petition would not be taken in good faith.
Dated: Brooklyn, New York
November 22, 2011

'OOUGLM>C. PALMER
Clerk of Court