Perez v. Lee
Reynaldo Perez |
William Lee |
1:2014cv05763 |
July 25, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
Dutchess |
J. Paul Oetken |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 101 OPINION AND ORDER For the foregoing reasons, the Court concludes that, as a matter of law, the record cannot be expanded in a manner that would entitle Perez to federal habeas relief under 28 U.S.C. § 2254. Accordingly, Perez's petition is denied. Although Perez has made a substantial showing of the denial of a constitutional right, relief under Section 2254 is procedurally barred by AEDPA. A certificate of appealability therefore will not issue. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). SO ORDERED. (Signed by Judge J. Paul Oetken on 11/13/2023) (jca) |
Filing 71 ORDER: Petitioner's motion at Docket Number 64 is granted as unopposed. The Respondent is directed to produce Steven Kartagener, Esq., for an oral deposition by Plaintiff on or before February 11, 2022. The Court approves funding pursuant to the Criminal Justice Act for the necessary expenses of the deposition, including recording and transcription. The parties shall submit a further joint status update letter on or before February 18, 2022. SO ORDERED. (Deposition due by 2/11/2022.) (Signed by Judge J. Paul Oetken on 1/13/2022) (js) |
Filing 49 ORDER. The parties are directed to submit a status letter on or before March 5, 2020. So ordered. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/19/2020) (rjm) |
Filing 29 OPINION AND ORDER: For the foregoing reasons, the petition is denied. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/07/2018) (ama) |
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Plaintiff: Reynaldo Perez | |
Represented By: | Howard R. Birnbach |
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Defendant: William Lee | |
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