Giordano v. Brann
Petitioner / Appellant: Devin Giordano
Respondent / Appellee: Cynthia Brann, Commissioner, NYC Department of Correction
Case Number: 22-1639
Filed: July 28, 2022
Court: U.S. Court of Appeals, Second Circuit
Nature of Suit: PRISONER PET-Habeas Corpus
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Docket Report

This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2023 Filing 67 SUMMARY ORDER AND JUDGMENT, the judgment of the district court is affirmed, by DAL, ALK, DC, FILED.[3587667] [22-1639] [Entered: 11/06/2023 09:16 AM]
November 6, 2023 Filing 66 NEW CASE MANAGER, Margaret Lain, ASSIGNED.[3587655] [22-1639] [Entered: 11/06/2023 09:11 AM]
October 20, 2023 Filing 65 CASE, before DAL, ALK, DC, HEARD.[3583169] [22-1639] [Entered: 10/20/2023 10:06 AM]
October 10, 2023 Filing 64 INSTRUCTIONS FOR ARGUMENT NOTICE, to attorneys/parties, TRANSMITTED.[3579369] [22-1639] [Entered: 10/10/2023 12:57 PM]
September 19, 2023 Filing 63 NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellee Cynthia Brann, FILED. Service date 09/19/2023 by CM/ECF. [3570769] [22-1639] [Entered: 09/19/2023 05:59 PM]
September 19, 2023 Filing 62 NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellant Devin Giordano, FILED. Service date 09/19/2023 by CM/ECF. [3570760] [22-1639] [Entered: 09/19/2023 05:35 PM]
September 19, 2023 Filing 61 ARGUMENT NOTICE, to attorneys/parties, TRANSMITTED.[3570689] [22-1639] [Entered: 09/19/2023 03:49 PM]
September 14, 2023 Filing 60 CASE CALENDARING, for argument on 10/20/2023, SET.[3568930] [22-1639] [Entered: 09/14/2023 03:56 PM]
July 17, 2023 Filing 59 CASE CALENDARING, for the week of 10/16/2023, PROPOSED.[3542632] [22-1639] [Entered: 07/17/2023 03:44 PM]
May 17, 2023 Filing 57 CURED DEFECTIVE REPLY BRIEF [ # 55 ], [ # 56 ], on behalf of Appellant Devin Giordano, FILED.[3517314] [22-1639] [Entered: 05/17/2023 03:12 PM]
May 17, 2023 Filing 56 REPLY BRIEF, on behalf of Appellant Devin Giordano, FILED. Service date 05/17/2023 by CM/ECF. [3517309] [22-1639] [Entered: 05/17/2023 03:09 PM]
May 17, 2023 Filing 55 DEFECTIVE DOCUMENT, REPLY BRIEF, [54], on behalf of Appellant Devin Giordano, FILED.[3517278] [22-1639] [Entered: 05/17/2023 02:48 PM]
May 17, 2023 Filing 54 REPLY BRIEF, on behalf of Appellant Devin Giordano, FILED. Service date 05/17/2023 by CM/ECF. [3517238] [22-1639] [Entered: 05/17/2023 01:38 PM]
May 1, 2023 Filing 52 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Mr. Andrew R. Kass for Appellee Cynthia Brann, FILED. Service date 05/01/2023 by CM/ECF. [3508257] [22-1639] [Entered: 05/01/2023 06:02 PM]
April 26, 2023 Filing 48 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Jarrett Adams for Appellant Devin Giordano, FILED. Service date 04/26/2023 by CM/ECF. [3505876] [22-1639] [Entered: 04/26/2023 07:55 PM]
April 26, 2023 Filing 46 BRIEF, on behalf of Appellee Cynthia Brann, FILED. Service date 04/26/2023 by CM/ECF. [3505610] [22-1639] [Entered: 04/26/2023 02:05 PM]
February 3, 2023 Filing 43 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellee Cynthia Brann Brief due date as 05/01/2023, FILED.[3464031] [22-1639] [Entered: 02/03/2023 05:11 PM]
February 3, 2023 Filing 40 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee Cynthia Brann, informing Court of proposed due date 05/01/2023, RECEIVED. Service date 02/03/2023 by CM/ECF.[3463962] [22-1639] [Entered: 02/03/2023 04:08 PM]
January 30, 2023 Filing 33 BRIEF, on behalf of Appellant Devin Giordano, FILED. Service date 01/30/2023 by CM/ECF.[3460751] [22-1639] [Entered: 01/30/2023 01:37 PM]
January 30, 2023 Filing 32 JOINT APPENDIX, volume 1 of 1, (pp. 1-117), on behalf of Appellant Devin Giordano, FILED. Service date 01/30/2023 by CM/ECF.[3460750] [22-1639] [Entered: 01/30/2023 01:37 PM]
December 27, 2022 Filing 31 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Devin Giordano Brief due date as 01/30/2023. Joint Appendix due date as 01/30/2023, FILED.[3443343] [22-1639] [Entered: 12/27/2022 04:26 PM]
December 27, 2022 Filing 30 NEW CASE MANAGER, Oscar Rivas, ASSIGNED.[3443326] [22-1639] [Entered: 12/27/2022 04:18 PM]
December 27, 2022 Filing 26 CURED DEFECTIVE FORM D, [ # 24 ], [ # 25 ], on behalf of Appellant Devin Giordano, FILED.[3442882] [22-1639] [Entered: 12/27/2022 11:10 AM]
December 22, 2022 Filing 25 FORM D, on behalf of Appellant Devin Giordano, FILED. Service date 12/22/2022 by CM/ECF, email.[3442363] [22-1639] [Entered: 12/22/2022 04:35 PM]
December 22, 2022 Filing 24 DEFECTIVE DOCUMENT, Form D, [21], on behalf of Appellant Devin Giordano, FILED.[3442350] [22-1639] [Entered: 12/22/2022 04:24 PM]
December 22, 2022 Filing 23 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Devin Giordano, informing Court of proposed due date 01/30/2022, RECEIVED. Service date 12/22/2022 by CM/ECF.[3442327] [22-1639] [Entered: 12/22/2022 04:08 PM]
December 22, 2022 Filing 22 FORM C, on behalf of Appellant Devin Giordano, FILED. Service date 12/22/2022 by CM/ECF.[3442314] [22-1639] [Entered: 12/22/2022 04:03 PM]
December 22, 2022 Filing 21 FORM D, on behalf of Appellant Devin Giordano, FILED. Service date 12/22/2022 by CM/ECF, email.[3442283] [22-1639] [Entered: 12/22/2022 03:46 PM]
December 9, 2022 Filing 20 PAYMENT OF DOCKETING FEE, on behalf of Appellant Devin Giordano, district court receipt # ANYSDC27062952, FILED.[3433755] [22-1639] [Entered: 12/09/2022 09:01 AM]
December 7, 2022 Filing 19 CERTIFIED ORDER, dated 12/07/2022, to SDNY, ISSUED.[3432362] [22-1639] [Entered: 12/07/2022 10:20 AM]
December 7, 2022 Filing 18 Upon due consideration, it is hereby ORDERED that the motion is GRANTED on the following issue: whether Appellant received ineffective assistance of counsel when counsel failed to inform him of an affirmative defense. It is further ORDERED that the motion is DENIED as to all other issues raised by Appellant because, as to those other issues, Appellant has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. 2253(c); see also Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). [ # 6 ] filed by Appellant Devin Giordano, by DC, SLC, BR, FILED. [3432344][18] [22-1639] [Entered: 12/07/2022 10:11 AM]
November 22, 2022 Filing 16 SUBMITTED NOTICE, to attorneys/parties, TRANSMITTED.[3424901] [22-1639] [Entered: 11/22/2022 07:01 PM]
August 18, 2022 Filing 13 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Devin Giordano, FILED. Service date 08/18/2022 by CM/ECF.[3367318] [22-1639] [Entered: 08/18/2022 11:49 AM]
August 18, 2022 Opinion or Order Filing 12 ORDER, dated 08/18/2022, dismissing appeal by 09/01/2022, unless Appellant Devin Giordano, submits form an Acknowledgment and Notice of Appearance, FILED.[3367177] [22-1639] [Entered: 08/18/2022 09:47 AM]
August 2, 2022 Filing 10 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Cynthia Brann, FILED. Service date 08/02/2022 by CM/ECF.[3358432] [22-1639] [Entered: 08/02/2022 01:53 PM]
August 1, 2022 Filing 7 CURED DEFECTIVE MOTION, for certificate of appealability, [ # 5 ], [ # 6 ], on behalf of Appellant Devin Giordano, FILED.[3357727] [22-1639] [Entered: 08/01/2022 03:33 PM]
July 29, 2022 Filing 6 MOTION, for certificate of appealability, on behalf of Appellant Devin Giordano, FILED. Service date 07/29/2022 by CM/ECF. [3357110] [22-1639] [Entered: 07/29/2022 06:40 PM]
July 29, 2022 Filing 5 DEFECTIVE DOCUMENT, Motion, for certificate of appealability, [4], on behalf of Appellant Devin Giordano, FILED.[3357054] [22-1639] [Entered: 07/29/2022 04:51 PM]
July 29, 2022 Filing 4 MOTION, for certificate of appealability, on behalf of Appellant Devin Giordano, FILED. Service date 07/29/2022 by CM/ECF. [3357043] [22-1639] [Entered: 07/29/2022 04:46 PM]
July 28, 2022 Filing 3 ELECTRONIC INDEX, in lieu of record, FILED.[3356740] [22-1639] [Entered: 07/29/2022 01:30 PM]
July 28, 2022 Filing 2 DISTRICT COURT JUDGMENT, dated 06/29/2022, RECEIVED.[3356739] [22-1639] [Entered: 07/29/2022 01:30 PM]
July 28, 2022 Filing 1 NOTICE OF PRISONER APPEAL, with district court docket, on behalf of Appellant Devin Giordano, FILED. [3356735] [22-1639] [Entered: 07/29/2022 01:27 PM]

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Petitioner / appellant: Devin Giordano
Represented By: Jarrett Adams
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Respondent / appellee: Cynthia Brann, Commissioner, NYC Department of Correction
Represented By: Andrew R. Kass
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