New York Eastern District Court
Case #: 1:02-cv-04635
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Aug 15, 2002
Terminated:May 19, 2005
Defendant
Calvin West
Defendant
Floyd D. Bennett Jr.
Plaintiff
Donovan Cunningham

GPO May 16 2005
OPINION AND ORDER: For the reasons stated herein, the petition for a writ of habeas corpus is denied. Because Cunningham has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. sec. 2253(c)(2)(1996), no certificate of appealability will be granted. The Clerk of Court is directed to enter judgment accordingly. So Ordered. (Ordered by Judge Allyne R. Ross on 5/13/2005) C/M by Chambers. *Fwd for Judgment. (Latka-Mucha, Wieslawa)
GPO May 19 2005
CLERK'S JUDGMENT: It is ORDERED and ADJUDGED that petitioner take nothing of the respondent; that judgment is hereby entered denying the petition for a writ of habeas corpus; and that a Cetificate of Appealability is denied. c/m with appeal packet. Ordered by Clerk of Court on 5/18/05. (Williams-Jackson, Sandy)


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