Aviles v. Capra
| Wilfredo Aviles |
| Micheal Capra |
| 1:2013cv01153 |
| February 28, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Allyne R. Ross |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
21
OPINION & ORDER: On 11/22/2014, Petitioner filed a 20 second motion for Rule 60(b) relief, in which he reasserts various claims regarding the competence of his appellate counsel on direct appeal of his state court criminal conviction. The Court has already considered each of the arguments that Petitioner raises in his new motion, and not one of them turns on "newly discovered evidence" or "mistakes or inadvertence," as petitioner so claims. For these rea sons, as well as those additional reasons contained in the Court's orders dated 9/26/2014, and 11/13/2014, Petitioner's 20 motion is denied. Because Petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), the Court declines to issue a Certificate of Appealability. SO ORDERED by Judge Allyne R. Ross, on 12/5/2014. C/mailed by Chambers. (Latka-Mucha, Wieslawa)
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Filing
19
OPINION & ORDER: On 9/26/2014, the Court 16 denied the Petition for a Writ of Habeas Corpus filed by the pro se petitioner, Wilfredo Aviles, pursuant to 28 U.S.C. § 2254. On 10/20/2014, Petitioner moved to vacate the Court 9;s prior Judgment pursuant to Federal Rule of Civil Procedure 60(b). Petitioner's 18 motion is denied. Because petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c) (2), the Court declines to issue a certificate of appealability. The Court notes that upon the entry of this Order, the time to appeal the Court's 9/26/2014 decision begins to run. SO ORDERED by Judge Allyne R. Ross, on 11/13/2014. C/mailed by Chambers to pro se Petitioner. (Latka-Mucha, Wieslawa)
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Filing
16
OPINION & ORDER: Petitioner's 1 Petition for a Writ of Habeas Corpus is denied. Because petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), the Court de clines to issue a Certificate of Appealability. Petitioner may seek such a Certificate from the Second Circuit Court of Appeals. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED by Judge Allyne R. Ross, on 9/26/2014. C/mailed by Chambers. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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| Petitioner: Wilfredo Aviles | |
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| Respondent: Micheal Capra | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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