Small v. Artus, No. 1:2007cv01117 - Document 25 (E.D.N.Y. 2009)

Court Description: OPINION & ORDER - The petition for a writ of habeas corpus is denied in its entirety and the proceeding is dismissed. Since petitioner has failed to make a showing of a denial of a constitutional right, a certificate of appealability will not issue. Petitioner has a right to seek a certificate of appealability from the Court of Appeals for the second Circuit. The Clerk of the Court is directed to service notice of entry of this Order on all parties in accordance with Rule 77(d)(1) of the Federal Rules of Civil Procedure, including mailing a copy of this Order to the pro se petitioner, and to close this case. (Signed by Judge Sandra J. Feuerstein on 8/20/2009). (Coleman, Laurie)