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ORDER ADOPTING REPORT & RECOMMENDATION for 35 Report and Recommendation. For the foregoing reasons, Petitioner's motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence and for the appointment of counsel [10 Civ . 2563, dkt. no. 1] is denied. As the Court has already accepted and reviewed the Natale Capalbo Declaration referred to in Petitioner's criminal motion [02 Cr. 1237, dkt. no. 379], that motion is denied as moot. To the extent Petitioner has req uested leave to file additional materials related to Fufidio's representation, such leave is denied in light of Petitioner's ample opportunities to supplement this record. The Clerk of the Court is directed to terminate the civil case. The Court declines to issue a certificate of appealability as there has been no "substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253 (c) (2); United States v. Perez, 129 F.3d 255, 260 (2d Cir. 1997). (Signed by Judge Loretta A. Preska on 8/31/2012) (lmb); [*** NOTE: Also docketed in related Criminal Case 02-cr-1237(LAP), see Doc.#388. ***] Modified on 8/31/2012 (bw). |
2012-09-01 08:37:53 |
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