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Wiegert v. Conway

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


May 5, 2006

GARY WIEGERT, 96-A-6658, PETITIONER,
v.
JAMES T. CONWAY, RESPONDENT.

The opinion of the court was delivered by: Michael A. Telesca United States District Judge

ORDER

Petitioner Gary Wiegert requests a certificate of appealability in connection with this Court's February 23, 2006 Decision and Order dismissing his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254.

The Court hereby certifies that pursuant to 28 U.S.C. § 1915(a)(3),any appeal from the February 23, 2006 Decision and Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438, 82 S.Ct. 917, 8 L.Ed.2d 21 (1962). Further requests to proceed on appeal as a poor person should be directed, on motion, to the United States Court of Appeals for the Second Circuit, in accordance with Rule 24 of the Federal Rules of Appellate Procedure.

SO ORDERED.

Rochester, New York

20060505

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