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Wegman v. West

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


November 8, 2007

ROBERT L. WEGMAN, PETITIONER,
v.
CALVIN E. WEST, RESPONDENT.

The opinion of the court was delivered by: William M. Skretny United States District Judge

DECISION AND ORDER

1. On April 21, 2004, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. On September 24, 2007, this Court issued a Decision and Order denying the Petition for Writ of Habeas Corpus.

2. On October 22, 2007, Petitioner filed a request that this Court issue a Certificate of Appealability. (Docket No. 18).

IT HEREBY IS ORDERED, that because the issues raised in the Petition are not the type of issues that a court could resolve in a different manner, and because these issues are not debatable among jurists of reason, this Court concludes that Petitioner has failed to make a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c)(2), and accordingly, the Certificate of Appealability is DENIED.

FURTHER, that a Certificate of Appealability shall not issue.

FURTHER, that this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal would not be taken in good faith.

FURTHER, that Petitioner's request for a Certificate of Appealability (Docket No. 18) is DENIED.

SO ORDERED.

20071108

© 1992-2007 VersusLaw Inc.



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