Basagoitia v. Smith
| Juan Basagoitia |
| Joseph T. Smith |
| 1:2009cv01768 |
| May 1, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Carol B. Amon |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
28
MEMORANDUM AND ORDER. The petition for a writ of habeas corpus is denied. Since Basagoitia has failed to make a substantial showing of the denial of a constitutional right, a Certificate of Appealability shall not issue. 28 U.S.C. § 2253(c). The Clerk of the Court is directed to enter judgment and to close the case. So Ordered by Chief Judge Carol Bagley Amon on 9/30/2012.(Lakin, Sophia)
|
|
Filing
22
ORDER: The respondent is directed to respond to this Order within 30 days. The respondent should address (1) whether Basagoitias claim that his counsel was ineffective for failing to address his clients inability to understand the court-appointed i nterpreters is in fact unexhausted; (2) whether the Court should stay the present action and give Basagoitia an opportunity to exhaust that claim; and (3) if a stay is inappropriate, whether the Court should dismiss the entire petition without prejud ice, or should allow Basagoitia to withdraw the unexhausted claim and proceed with the exhausted claims. Upon receiving the respondents submission, Basagoitia is afforded 30 days to file a response that addresses the same questions. Ordered by Chief Judge Carol Bagley Amon on 2/9/2012. c/m to petitioner. (Amon, Carol)
|
|
Filing
21
MEMORANDUM AND ORDER denying 15 Motion to Stay: Petitioner's motion for a stay is denied to the extent that he seeks to pursue a claim for prosecutorial misconduct due to the prosecution's alleged knowing use of false testimony despite petitioner's own contradictory statements prior to trial. Ordered by Chief Judge Carol Bagley Amon on 9/28/2011. c/m to pro se petitioner. (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: Basagoitia v. Smith | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Juan Basagoitia | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Joseph T. Smith | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | 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.
