Hamilton v. Superintendent, Eastern NY. Correctional Facility

Filing 24

MEMORANDUM OPINION AND ORDER adopting 19 REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus: For the foregoing reasons, the Court adopts the Report and Recommendation in its entirety, and Petitioner's motion to correct, vaca te, and/or set aside his sentence pursuant to Title 28, United States Code, Section 2255 is denied. The Court declines to issue a Certificate of Appealablity because Petitioner has "not made a substantial showing of the denial of a constitutiona l right," 28 U.S.C. § 2253 (c) (2), and because Petitioner has failed to identify a claim that jurists of reason would find debatable as to whether Petitioner was denied such a right. See Slack, 529 U.S. at 478. (Signed by Judge Loretta A. Preska on 5/9/2017) (jwh)

Download PDF

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?