Ortiz v. Semple

Ortiz v. Semple

Petitioner:	Angel Ortiz
Respondent:	Scott Semple
Case Number:	3:2017cv00167
Filed:	February 6, 2017
Court:	US District Court for the District of Connecticut
Office:	New Haven Office
County:	New Haven
Presiding Judge:	Vanessa L. Bryant
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 22, 2017	Filing 16 ORDER granting 9 Motion to Stay. Petitioner's exhausted claims for ineffective assistance of counsel regarding impeachment of the witness who provided photo identification of the co-defendant, as well as Petitioners actual innocence claim, ar e STAYED pending exhaustion of his other three ineffective assistance claims, which are DISMISSED for the reasons set forth in the Memorandum of Decision attached. As explained in the attached Decision, Petitioner is ordered to initiate state habeas proceedings for the three dismissed ineffective assistance claims within 90 days of the date of this Order. Petitioner is also ordered to return to federal court within 30 days of the resolution of state habeas proceedings on his unex hausted claims. Failure to do so may result in dismissal of Petitioner's stayed claims. In addition, Attorney Koch's Motion for Reconsideration 14 is DENIED. Attorney Koch has failed to satisfy the standard for reconsideration (see Virgin Atl. Airways Ltd. v. National Mediation Board, 956 F2d. 1245, 1255 (2d Cir. 1992)). In addition, counsel represents that he agreed to represent Petitioner pro bono but has repeatedly failed to research and adhere to the applicable law whi ch clearly sets out the requisite factual showing of entitlement to pro bono compensation. Further, Attorney Koch filed this case in contravention of the law which requires an inmate to exhaust state remedies before appearing in federal court and has generally failed to demonstrate the requisite diligence or competence required to represent the petitioner before this Court. Signed by Judge Vanessa L. Bryant on 6/22/2017. (Hudson, C)

Date Filed

Document Text

June 22, 2017

Filing 16 ORDER granting 9 Motion to Stay. Petitioner's exhausted claims for ineffective assistance of counsel regarding impeachment of the witness who provided photo identification of the co-defendant, as well as Petitioners actual innocence claim, ar e STAYED pending exhaustion of his other three ineffective assistance claims, which are DISMISSED for the reasons set forth in the Memorandum of Decision attached. As explained in the attached Decision, Petitioner is ordered to initiate state habeas proceedings for the three dismissed ineffective assistance claims within 90 days of the date of this Order. Petitioner is also ordered to return to federal court within 30 days of the resolution of state habeas proceedings on his unex hausted claims. Failure to do so may result in dismissal of Petitioner's stayed claims. In addition, Attorney Koch's Motion for Reconsideration 14 is DENIED. Attorney Koch has failed to satisfy the standard for reconsideration (see Virgin Atl. Airways Ltd. v. National Mediation Board, 956 F2d. 1245, 1255 (2d Cir. 1992)). In addition, counsel represents that he agreed to represent Petitioner pro bono but has repeatedly failed to research and adhere to the applicable law whi ch clearly sets out the requisite factual showing of entitlement to pro bono compensation. Further, Attorney Koch filed this case in contravention of the law which requires an inmate to exhaust state remedies before appearing in federal court and has generally failed to demonstrate the requisite diligence or competence required to represent the petitioner before this Court. Signed by Judge Vanessa L. Bryant on 6/22/2017. (Hudson, C)

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Petitioner: Angel Ortiz
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Respondent: Scott Semple
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