Clark v. Fischer et al

Filing 51

JUDGMENT : IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated June 9, 2014, the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Dkt. No. [ 1]) is DENIED. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demons trat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement toproceed further.' "(quoting Miller -El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUDGMENT IN A CIVIL CASE
WILLIAM J. CLARK, JR.,
Petitioner,
vs.

9:11-CV-00893 (JKS)

SANDRA DOLCE, Superintendent,
Orleans Correctional Facility,
Respondent.

[]

Jury Verdict. This action came before the Court for a trial by jury. The
issues have been tried and the jury has rendered its verdict.

[x]

Decision by Court. This action came to trial or hearing before the Court.
The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the
Hon. James K. Singleton, Jr., United States District Judge, dated June 9, 2014, the
Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Dkt. No. 1) is DENIED.
IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of
Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) (“To
obtain a certificate of appealability, a prisoner must ‘demonstrat[e] that jurists of reason
could disagree with the district court’s resolution of his constitutional claims or that
jurists could conclude the issues presented are adequate to deserve encouragement to
proceed further.’” (quoting Miller-El, 537 U.S. at 327)). Any further request for a
Certificate of Appealability must be addressed to the Court of Appeals. See FED. R.
APP. P. 22(b); 2D CIR. R. 22.1.
DATED: June 9, 2014

ENTERED 6/9/2014
BY PTM

-SPTM
Deputy Clerk