Rivera v. Dennison, No. 6:2008cv06037 - Document 14 (W.D.N.Y. 2009)

Court Description: DECISION AND ORDER finding as moot 10 Motion to Dismiss. The petition for habeas corpus relief to 28 U.S.C.§2254 is dismissed. The Court declines to issue a certificate of appealability because the petitioner has failed to make a substantial showing of a constitutional violation. Signed by Hon. David G. Larimer on 10/2/09. (RE) Modified docket text on 10/7/2009 (RE).