White v. Rock

Filing 131

ORDER denying as moot 126 Motion to Compel the Court to provide petitioner with copies of the trial transcripts. SO ORDERED that petitioner's request for the transcripts is DENIED as moot. A certificate of appealability will issue only if the applicant has made "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons stated, petitioner has not demonstrated the denial of a constitutional right and a certificate of appealability shall not issue. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 3/31/2015. (Florio, Lisa)

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D N Y

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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JOHN H. WHITE,

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MAR 31 2015

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LONG ISLA.ND OFFICL

Petitioner,
ORDER
10-CV-5163 (SJF)

-against-

DAVID ROCK, Superintendent,
Respondent.

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FEUERSTEIN, District Judge.
Before the Court is petitioner's motion seeking trial transcripts pursuant to 28 U.S.C. §
2250. 1 For the reasons that follow, petitioner's motion is denied as moot.
On November 5, 2010, petitioner filed a petition for a Writ of Habeas Corpus pursuant to
28 U.S.C. § 2254, which was denied by Opinion and Order dated April22, 2013 (DE 101); final
judgment was entered against petitioner on April25, 2013 and the case was closed. On May 10,
2013, petitioner filed a motion to set aside the judgment pursuant to Federal Rule of Civil
Procedure 60(b) (DE 103), and on May 16,2013, appealed the judgment to the Second Circuit
Court of Appeals. DE 104. By order dated March 27,2014, petitioner's 60(b) motion was
denied (DE 124), which he also appealed (DE 125) and on April9, 2014, petitioner moved for
production of his state court trial transcripts (DE 126).
On March 5, 2015, the Second Circuit issued a mandate (DE 129) denying petitioner's
motion to, inter alia, compel the production of the state court transcripts, holding that petitioner
1

Title 28 U.S.C. § 2250 provides: "If on any application for a writ of habeas corpus an
order has been made permitting the petitioner to prosecute the application in forma pauperis, the
clerk of any court of the United States shall furnish to the petitioner without cost certified copies
of such documents or parts of the record on file in his office as may be required by order of the
judge before whom the application is pending."

had not made a substantial showing of the denial of a constitutional right. Accordingly,
petitioner's request for the transcripts is DENIED as moot.
A certificate of appealability will issue only if the applicant has made "a substantial
showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons stated,
petitioner has not demonstrated the denial of a constitutional right and a certificate of
appealability shall not issue.

SO ORDERED.
Dated: March 31, 20 IS
Central Islip, New York

s/ Sandra J. Feuerstein

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u

Sandra J. Feuerstein, U.S.D.J.

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