Spells v. Lee
| Charles Spells |
| William Lee |
| 1:2011cv01680 |
| April 1, 2011 |
| U.S. District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A. Matsumoto |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
31
MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, the application for writ of habeas corpus 1 is denied in its entirety. The Clerk of the Court is respectfully requested to dismiss the petition, enter judgment in favor of respondent, serve a copy of this Memorandum and Order and an appeals packet upon petitioner and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 4/4/2016. (Gong, LiJia)
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Filing
22
ORDER ADOPTING IN PART AND MODIFYING IN PART REPORT AND RECOMMENDATION 18 . For the reasons set forth in the attached Memorandum and Order, the court (1) modifies the Report and Recommendation and grants petitioner's motion to amend with respe ct to his ineffective assistance of appellate counsel claim, and (2) adopts that portion of the Report and Recommendation that recommends denial of petitioner's motions with respect to his ineffective assistance of trial counsel claim. Within 30 days, or by August 23, 2012, petitioner shall file an amended petition that includes his ineffective assistance of appellate counsel claim. Respondent shall have 30 days from the filing of the amended petition to file an answer or other pleading in response to the amended petition, and petitioner shall have 30 days from the receipt of respondent's response to file a reply submission. Finally, respondent shall serve a copy of this Memorandum and Order on petitioner and file a certificate of service by July 24, 2012. Ordered by Judge Kiyo A. Matsumoto on 07/23/2012. (Ravi, Sagar)
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Filing
7
ORDER denying without prejudice 6 Motion to Stay. For the reasons set forth in the attached Order, petitioner's motion to stay his petition for a writ of habeas corpus is denied without prejudice. If petitioner wishes to add a new ineffective assistance of counsel claim to the instant petition, he must address whether, given that the proposed amendment is not timely, the amendment relates back to his original petition pursuant to Fed. R. Civ. P. 15. If petitioner chooses to file a motio n to amend and can establish that his new claim relates back to the claims in his original petition, he shall concurrently file a motion to amend and a motion to stay his habeas petition by July 8, 2011. Respondent is directed to respond to petitioner's motion to amend by July 15, 2011. The respondent shall serve a copy of this Order upon petitioner and file a certificate of service by June 24, 2011. Ordered by Judge Kiyo A. Matsumoto on 6/23/2011. (Zeehandelaar, Rachel)
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| Respondent: William Lee | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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| Petitioner: Charles Spells | |
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