Carrington v. Spencer

Carrington v. Spencer

Petitioner:	Kerr Carrington
Respondent:	Luis Spencer
Case Number:	1:2014cv13102
Filed:	July 24, 2014
Court:	US District Court for the District of Massachusetts
Office:	Boston Office
County:	Middlesex
Presiding Judge:	Leo T. Sorokin
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 23, 2015	Filing 25 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER, Motions terminated: 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Luis Spencer. Respondents Motion to Dismiss the Petition [ECF No. 12] is ALLOWED IN PART. Ground One and Ground Two of the Petition are hereby DISMISSED for failure to state a cognizable basis for habeas corpus relief. Mr. Carrington may not pursue these particular arguments any further. However, Respondents Motion to Dismiss is DENIED to the extent that Petitioner has plead a colorable federal claim under Jackson v. Virginia, 443 U.S. 307, 324 (1979). Mr. Carrington is hereby ORDERED to file a Memorandum in Support of his habeas Petition no later than August 7, 2015. His Memorandum should explain why the evidence was insufficient to support his conviction, under the standard set forth in Jackson. Mr. Carrington should also address whether he fully exhausted his state remedies on this claim. The Respondent is hereby ORDERED to file a Memorandum in Opposition to Mr. Carringtons Petition by September 11, 2015. Respondents Memorandum should address any procedural defenses, in addition to the legal merits of the claim. (Folan, Karen)
July 24, 2014	Filing 4 District Judge Leo T. Sorokin: ORDER entered. If petitioner wishes to proceed with this action, within 21 days of the date of this Procedural Order, he either must (1) pay the $5.00 filing fee; or (2) file a motion for leave to proceed in forma pauperis accompanied by a certified prison account statement. Failure of petitioner to comply with this directive may result in the dismissal of this action without prejudice.(PSSA, 3)

Date Filed

Document Text

June 23, 2015

Filing 25 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER, Motions terminated: 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Luis Spencer. Respondents Motion to Dismiss the Petition [ECF No. 12] is ALLOWED IN PART. Ground One and Ground Two of the Petition are hereby DISMISSED for failure to state a cognizable basis for habeas corpus relief. Mr. Carrington may not pursue these particular arguments any further. However, Respondents Motion to Dismiss is DENIED to the extent that Petitioner has plead a colorable federal claim under Jackson v. Virginia, 443 U.S. 307, 324 (1979). Mr. Carrington is hereby ORDERED to file a Memorandum in Support of his habeas Petition no later than August 7, 2015. His Memorandum should explain why the evidence was insufficient to support his conviction, under the standard set forth in Jackson. Mr. Carrington should also address whether he fully exhausted his state remedies on this claim. The Respondent is hereby ORDERED to file a Memorandum in Opposition to Mr. Carringtons Petition by September 11, 2015. Respondents Memorandum should address any procedural defenses, in addition to the legal merits of the claim. (Folan, Karen)

July 24, 2014

Filing 4 District Judge Leo T. Sorokin: ORDER entered. If petitioner wishes to proceed with this action, within 21 days of the date of this Procedural Order, he either must (1) pay the $5.00 filing fee; or (2) file a motion for leave to proceed in forma pauperis accompanied by a certified prison account statement. Failure of petitioner to comply with this directive may result in the dismissal of this action without prejudice.(PSSA, 3)

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Petitioner: Kerr Carrington
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Respondent: Luis Spencer
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