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George Philips v. William Brown

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


April 19, 2012

GEORGE PHILIPS, PETITIONER,
v.
WILLIAM BROWN, RESPONDENT.

The opinion of the court was delivered by: Block, Senior District Judge:

MEMORANDUM

On May 23, 2011, the Court denied George Philips's petitions for writs of habeas corpus pursuant to 22 U.S.C. § 2254. It did not issue a certificate of appealability because Philips did not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c).

On January 23, 2012, the Court denied Philips's pro se motion for reconsideration pursuant to Federal Rules of Civil Procedure 59(e) and 60(b). Although Philips did not request a certificate of appealability in connection with his motion, the Second Circuit Clerk's Office has asked the Court to consider whether to issue one sua sponte. Having carefully reviewed the disposition of Philips's motion, the Court concludes that the motion did not make a substantial showing of the denial of a constitutional right.

Accordingly, a certificate of appealability will not issue.

FREDERIC BLOCK Senior United States District Judge

20120419

© 1992-2012 VersusLaw Inc.



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