Free Motion for Certificate of Appealability - District Court of Connecticut - Connecticut

Case 3:00-cv-01536-AHN

Document 31

Filed 06/26/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

JOSE QUINTANA VS.

: : : NO. 3:00CV1536(AHN) : JUNE 23, 2006

JOHN J. ARMSTRONG

REQUEST FOR A NEW CERTIFICATE OF APPEALABILITY The petitioner, Jose Quintana, requests that this Court issue another Certificate of Appealability pursuant to Rule 22 of the Federal Rules of Appellate Procedure. In support hereof, the petitioner represents as follows: 1. The petitioner filed a writ of habeas corpus in this Court on August 14, 2000, attacking his underlying conviction in the State of Connecticut on state charges. 2. On October 10, 2003, this Court endorsement the recommended ruling of a Magistrate Judge denying the relief requested. 3. 4. 5. Judgment entered for the respondent on December 2, 2003. The petitioner filed a notice of appeal on January 8, 2004. The appeal is currently pending on the docket of the appellate court and bears docket number 04­0560PR. 6. The undersigned did not seek a certificate of appealability as required by FRAP Rule 22 prior to the time of filing his notice of

Case 3:00-cv-01536-AHN

Document 31

Filed 06/26/2006

Page 2 of 3

appeal. 7. The undersigned requested a Certificate of Appealability in 2005, and has been informed by Donna Thomas, a clerk of this Court, that the motion was granted on or about August 4, 2005, and that the United States Court of Appeals for the Second Circuit should have received an electronic copy of the certificate. 8. The Second Circuit has informed me that it has received no such Certificate. 9. The undersigned requests an a new Certificate and that the Certificate be sent to the Second Circuit so that the petitioner's appeal can be perfected and heard. 10. The respondent's counsel, JoAnn Sulik, consents to the granting of this certificate. THE PETITIONER

BY Norman A. Pattis 649 Amity Road Bethany, CT 06524 203.393.9745 203.393.9745 Federal Bar No. 13120 His Attorney

Case 3:00-cv-01536-AHN

Document 31

Filed 06/26/2006

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing was mailed, first class mail, postage prepaid, on JUNE 23, 2006, to the following counsel of record: Attorney JoAnn Sulik Office of Chief State's Attorney Appellate Bureau 300 Corporate Place Rocky Hill, CT 06067

Norman A. Pattis