PER CURIAM:
Petitioner pro se Alfredo Lugo, a New York State ("State") prisoner, has moved for, inter alia, a certificate of probable cause permitting him to appeal from a judgment entered in the United States District Court for the Southern District of New York, Robert P. Patterson, Judge, dismissing Lugo's petition pursuant to 28 U.S.C. § 2254 (1988) for a writ of habeas corpus. The district court dismissed the petition sua sponte
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