Deberry v. Spitzer et al
1:2005cv05286 |
November 9, 2005 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Nina Gershon |
Robert M. Levy |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
Filing 43 ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having reviewed the objections to Magistrate Judge Levy's Report & Recommendation dated February 17, 2011 33 I adopt the Report in its entirety and deny the petition for a writ of habeas corpus. As Judge Levy describes, petitioner's Sixth Amendment right to present a defense was not violated where the witness, Mr. Velasquez, was known to defense counsel, who chose not to call him for tactical reasons. Treating the claim as a challenge to t he trial court's ruling on the state motion to vacate the conviction, I agree with Judge Levy's analysis at footnote 3 of his Report & Recommendation. The objections to the other portions of the R&R are also without merit. Because petition er has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253. The Clerk of Court is directed to enter judgment for respondent. Ordered by Senior Judge Nina Gershon on 5/17/2012. (fwd for judgment) (Fernandez, Erica) |
Filing 34 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations; The Report and Recommendation ("R&R") of Magistrate Judge Robert M. Levy, dated February 17, 2011, to which no objections have been filed, has been reviewed for clear error. Having found no such error and noting that Judge Levy has fully dealt with every issue raised, the R&R is adopted in its entirety, and the petition for writ of habeas corpus is DENIED in its entirety. Because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253. So ordered by Senior Judge Gershon, dated 3/29/11. (fwd for judgment) (Fernandez, Erica) |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Search for this case: Deberry v. Spitzer et al | |
---|---|
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.