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

Case 3:00-cv-01536-AHN

Document 24

Filed 03/30/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

JOSE QUINTANA VS.

: : : NO. 3:00CV1536(AHN) : MARCH 18, 2005

JOHN J. ARMSTRONG

REQUEST FOR CERTIFICATE OF APPEALABILITY The petitioner, Jose Quintana, requests a 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 24

Filed 03/30/2005

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appeal. 7. The undersigned has been informed that the Appellate Court is prepared to dismiss the appeal for failure to file such a certificate and seeks now the required certification. 8. The issue framed for appeal is whether the trial court erred in dismissing the petition by reaching an unreasonable interpretation of federal law in holding that the petitioner's conviction should not be set aside when the State failed to disclose that it had offered financial consideration to a witness. 9. The respondent's counsel, JoAnn Sulik, consents to the granting of this certificate. 10. On March 17, 2005, the undersigned was notified by a clerk of the Court of Appeals that the petitioner's appeal would be dismissed without prejudice for resubmission upon presentation of the aforesaid certificate.

Case 3:00-cv-01536-AHN

Document 24

Filed 03/30/2005

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THE PETITIONER

BY Norman A. Pattis Williams and Pattis, LLC 51 Elm Street, Suite 409 New Haven, CT 06510 203.562.9931 FAX: 203.776.9494 Federal Bar No. 13120 His Attorney

Case 3:00-cv-01536-AHN

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Filed 03/30/2005

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CERTIFICATION This is to certify that a copy of the foregoing was mailed, first class mail, postage prepaid, on March 21, 2005, 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