McDonald v. Smith

SUMMARY ORDER

Petitioner-appellant Thomas McDonald appeals from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.), dated August 21, 2008, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Judge Weinstein granted McDonald a certificate of appealability on the question of whether the state court violated McDonald’s due process rights by denying his post-conviction motion to have certain evidence tested for DNA. We assume the parties’ familiarity with the facts and procedural background of this action.

This Court…