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Mazzini v. Breckon

United States District Court, N.D. New York

October 31, 2017

MARCOS MAZZINI, Petitioner,
v.
M. BRECKON, Respondent.

          JUDGMENT IN A CIVIL CASE

         Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED that the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is DENIED. The Court grants a Certificate of Appealability solely with respect to whether there was some evidence that Mazzini was knowingly involved in the shipment of contraband material (Ground 2). 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstrate] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.'" (quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. All of the above pursuant to the Memorandum Decision of the Honorable Senior Judge James K. Singleton, dated the 31st day of October, 2017.

         Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.

         (B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is:

         (i) the United States;

         (ii) a United States agency;

         (iii) a United States officer or employee sued in an official capacity; or

         (iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf- including all instances in which the United States represents that person when the judgment or order is entered or files the appeal for that person.

         (C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a civil case for purposes of Rule 4(a).

         (2) Filing Before Entry of Judgment.

         A notice of appeal filed after the court announces a decision or order-but before the entry of the judgment or order-is ...


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