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Robinson v. Artus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


August 21, 2007

JOSEPH ROBINSON, PETITIONER,
v.
DALE ARTUS, SUPERINTENDENT, RESPONDENT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Joseph Robinson ("Robinson" or "petitioner"), filed a Petition for a Writ of Habeas Corpus which was dismissed by Decision and Order filed January 9, 2007. Docket No. 7. Robinson has appealed that dismissal to the Second Circuit Court of Appeals and now seeks a Certificate of Appealability ("COA"). Docket No. 14.*fn1

28 U.S.C. § 2253(c)(1) provides in relevant part that: Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from --

(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or

(B) the final order in a proceeding under section 2255.*fn2

A COA may only be issued "if the applicant has made a substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253(c)(2).

After reviewing the relevant portions of the file in this action, and for the reasons set forth in the January 9, 2007 Order, the Court finds that Robinson has failed to make such a showing. Therefore, the Court denies his request.

WHEREFORE, it is ORDERED, that petitioner's Application for a Certificate of Appealability (Docket No. 14) is DENIED.

The Clerk is directed to serve a copy of this Order upon the petitioner in accordance with the Local Rules.

IT IS SO ORDERED.


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