Dupurton v. United States of America

Filing 21

SHORT FORM ORDER - By Memorandum of Decision and Order dated December 16, 2016, the Court denied the Petitioners application for a writ of error coram nobis and closed this case. Now, for substantially the same reasons as set forth in its prior opin ion, the Court finds that the Petitioners failure to demonstrate the denial of a constitutional right precludes his entitlement to a certificate of appealability. See 28 U.S.C. § 2253(c)(2). So Ordered by Judge Arthur D. Spatt on 1/18/2017. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------------------------x
ROBERT DU PURTON,

FILED 
CLERK 

3:09 pm, Jan 18, 2017

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Petitioner,
Short Form Order
15-cv-1026(ADS)

-againstUNITED STATES OF AMERICA,
Respondent.
-------------------------------------------------------------------------------x
APPEARANCES:
Carlton Fields Jorden Burt, P.A.
Attorneys for the Petitioner
405 Lexington Avenue, 29th Floor
New York, New York 10174
By:
Brian Rosner, Esq., Of Counsel
U.S. Attorney’s Office, Eastern District of New York
Attorneys for the Government
271 Cadman Plaza East
Brooklyn, New York 11201
By:
Paul G. Scotti, Assistant U.S. Attorney
SPATT, District Judge:

By Memorandum of Decision and Order dated December 16, 2016, the Court denied the
Petitioner’s application for a writ of error coram nobis and closed this case.
Now, for substantially the same reasons as set forth in its prior opinion, the Court finds that
the Petitioner’s failure to demonstrate the denial of a constitutional right precludes his entitlement
to a certificate of appealability. See 28 U.S.C. § 2253(c)(2).
It is SO ORDERED:
Dated: Central Islip, New York
January 18, 2017

/s/ Arthur D. Spatt _____________________________________
ARTHUR D. SPATT
United States District Judge

1