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Florio v. Cuomo

United States District Court, S.D. New York
Jan 24, 2011
10 Civ. 998 (SHS) (S.D.N.Y. Jan. 24, 2011)

Opinion

10 Civ. 998 (SHS).

January 24, 2011


ORDER


In a Report and Recommendation dated November 16, 2010, Magistrate Judge James L. Cott recommended that the petition for a writ of habeas corpus be dismissed as time-barred. Petitioner filed objections dated January 10, 2011. After a de novo review of the November 16, 2010 Report and Recommendation, and the January 10, 2011 objections,

IT IS HEREBY ORDERED that:

1. Magistrate Judge Cott's "Report and Recommendation" is adopted;

2. The petition for a writ of habeas corpus is denied, and the petition is dismissed;

3. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; see also Richardson v. Greene, 497 F.3d 212, 217 (2d Cir. 2007); and

5. Pursuant to 28 U.S.C. § 1915(a) the Court certifies that any appeal from this Order would not be taken in good faith.

Dated: New York, New York

January 24, 2011

SO ORDERED:


Summaries of

Florio v. Cuomo

United States District Court, S.D. New York
Jan 24, 2011
10 Civ. 998 (SHS) (S.D.N.Y. Jan. 24, 2011)
Case details for

Florio v. Cuomo

Case Details

Full title:DOMINIC FLORIO, Petitioner, v. ANDREW M. CUOMO, Attorney General, State of…

Court:United States District Court, S.D. New York

Date published: Jan 24, 2011

Citations

10 Civ. 998 (SHS) (S.D.N.Y. Jan. 24, 2011)

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