McGuire v. Walsh

McGuire v. Walsh

Petitioner:	George McGuire
Respondent:	James Walsh
Case Number:	1:2009cv00464
Filed:	February 4, 2009
Court:	US District Court for the Eastern District of New York
Office:	Habeas Corpus (General) Office
County:	Kings
Presiding Judge:	Allyne R. Ross
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
August 26, 2010	Filing 23 OPINION & ORDER: Accordingly, petitioner's sentencing claim is denied. For the reasons stated herein, the petition for a writ of habeas corpus is denied. Because petitioner has not made a substantial showing of the denial of a constitutio nal right with respect to his actual innocence and sentencing claims, a Certificate of Appealability will not issue as to those claims. A Certificate of Appealability is granted with respect to the sole issues of petitioner's claim regarding the delay of his § 440 motion, and his ineffective assistance of counsel claim. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 8/26/2010) C/mailed by Chambers. (Forwarded for Judgment) (Latka-Mucha, Wieslawa) (Modified)

Date Filed

Document Text

August 26, 2010

Filing 23 OPINION & ORDER: Accordingly, petitioner's sentencing claim is denied. For the reasons stated herein, the petition for a writ of habeas corpus is denied. Because petitioner has not made a substantial showing of the denial of a constitutio nal right with respect to his actual innocence and sentencing claims, a Certificate of Appealability will not issue as to those claims. A Certificate of Appealability is granted with respect to the sole issues of petitioner's claim regarding the delay of his § 440 motion, and his ineffective assistance of counsel claim. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 8/26/2010) C/mailed by Chambers. (Forwarded for Judgment) (Latka-Mucha, Wieslawa) (Modified)

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Petitioner: George McGuire
Represented By:	Laura Solinger
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Respondent: James Walsh
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