Burnett v. Lee

Burnett v. Lee

Petitioner:	Allen Burnett
Respondent:	William A. Lee
Case Number:	1:2013cv04425
Filed:	August 2, 2013
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
July 15, 2015	Filing 17 ORDER. For the reasons stated in the Memorandum and Order, the court denies petitioner's request to hold his federal habeas proceedings in abeyance and denies petitioner's application for a writ of habeas corpus. With respect to petitioner& #039;s ineffective assistance of counsel claim, to the extent the claim relies on evidence outside the trial record, the petition is denied without prejudice to petitioner's right to file a future petition after he fully exhausts his state cour t remedies. Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this ruling would not be taken in good faith and therefore in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 445 (1962). Respondent shall serve a copy of this Order on petitioner and note such service on the docket within two days of the date of this Memorandum and Order. The Clerk of Court is respectfully requested to close this case. Ordered by Judge Kiyo A. Matsumoto on 7/15/2015. (Tsay, Stephanie)

Date Filed

Document Text

July 15, 2015

Filing 17 ORDER. For the reasons stated in the Memorandum and Order, the court denies petitioner's request to hold his federal habeas proceedings in abeyance and denies petitioner's application for a writ of habeas corpus. With respect to petitioner& #039;s ineffective assistance of counsel claim, to the extent the claim relies on evidence outside the trial record, the petition is denied without prejudice to petitioner's right to file a future petition after he fully exhausts his state cour t remedies. Because petitioner has not made a substantial showing of the denial of any constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this ruling would not be taken in good faith and therefore in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 445 (1962). Respondent shall serve a copy of this Order on petitioner and note such service on the docket within two days of the date of this Memorandum and Order. The Clerk of Court is respectfully requested to close this case. Ordered by Judge Kiyo A. Matsumoto on 7/15/2015. (Tsay, Stephanie)

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Petitioner: Allen Burnett
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Respondent: William A. Lee
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By:	QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
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