White v. Rock

Filing 101

OPINION AND ORDER re 1 Petition for Writ of Habeas Corpus, filed by John H. White. For the reasons set forth above, the petition for a writ of habeas corpus is denied and the proceeding is dismissed in its entirety. As petitioner has failed to m ake a substantial showing of a violation of constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253(c)(1); see also Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S. Ct. 1029, 154 L. Ed. 2d 931 (2003); Contino v. Uni ted States, 535 F.3d 124, 127 (2d Cir. 2008). Petitioner has a right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. See 28 u.s.c. § 2253. The Clerk of the Court shall enter judgment in favo r of respondent, close this case, and serve notice of entry of this Order on all parties in accordance with Rule 77(d)(l) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to petitioner at his last known address. See Fed. R. Civ. P. 5(b)(2)(c). So Ordered. Ordered by Judge Sandra J. Feuerstein on 4/22/2013. (Padilla, Kristin)