Janick v. Superintendent of Franklin Correctional Facility

SUMMARY ORDER

Petitioner-appellant Lawrence Janick appeals from a December 12, 2005 judgment of the Western District of New York (Bianchini, M.J.), denying his petition for a writ of habeas corpus. As part of his decision, Magistrate Judge Bianchini issued a certificate of appealability on Janick’s claim “that his plea agreement was ambiguous and should have been construed as a ‘no misconduct’ agreement and on his claim that, having found that his plea agreement contained a ‘no arrest’ provision, the court erred in applying only the ‘legitimate basis’ standard of proof.” Janick v.…