Opinion
9:22-CV-1323 (LEK/ML)
05-24-2023
LIRIDON GASHI, Petitioner, v. A. MONTAGARI, Respondent.
JUDGMENT IN A CIVIL CASE
[x] Decision by Court. This action came to trial or hearing before the Court.
The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED, that this action is dismissed pursuant to the Memorandum-Decision and Order dated May 23, 2023 and filed May 24, 2023 of Senior Judge Lawrence E. Kahn which ORDERED that the Amended Petition, (Dkt. No. 8), is DISMISSED without prejudice as premature for failure to exhaust available state court remedies; and ORDERED, that no certificate of appealability ("COA") shall issue in this case because Petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). Any further request for a COA must be addressed to the U.S. Court of Appeals for the Second Circuit (Fed. R. App. P. 22(b)).