Knight v. Colvin

Knight v. Colvin

Case Number:	1:2017cv02278
Filed:	February 11, 2019
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
April 24, 2023	Filing 27 MEMORANDUM DECISION, Knight has failed to show any basis for relief under 28 U.S.C. § 2254. Accordingly, the Petition is denied. Additionally, I decline to issue a certificate of appealability because Knight has not made a substantial showing o f the denial of a constitutional right. See 28 U.S.C. § 2253. Pursuant to 28 U.S.C. § 1915(a)(3), I certify that any appeal taken from this decision and order would not be taken in good faith. The Clerk of the Court shall enter judgment accordingly and close this case. So Ordered by Circuit Judge VJ-Denny Chin on 4/24/2023. (c/m to Jerry Knight, # 12-A-4884, Coxsackie Correctional Facility, P.O. Box 999, Coxsackie, NY 12051) (TLH)
February 11, 2019	Filing 20 ORDER denying 17 Motion to Stay. For the reasons discussed in the attached Memorandum & Order, the Court denies Petitioner's request to hold his petition in abeyance to allow him to exhaust his ineffective assistance of counsel and prosecuto rial misconduct claims because Plaintiff fails to demonstrate good cause for his failure to exhaust. Within sixty (60) days of this Memorandum and Order, Petitioner may amend his habeas petition to remove his unexhausted claims, and proceed solely on his exhausted claims. Ordered by Judge Margo K. Brodie on 2/11/2019. (Borochoff-Porte, Alison)

Date Filed

Document Text

April 24, 2023

Filing 27 MEMORANDUM DECISION, Knight has failed to show any basis for relief under 28 U.S.C. § 2254. Accordingly, the Petition is denied. Additionally, I decline to issue a certificate of appealability because Knight has not made a substantial showing o f the denial of a constitutional right. See 28 U.S.C. § 2253. Pursuant to 28 U.S.C. § 1915(a)(3), I certify that any appeal taken from this decision and order would not be taken in good faith. The Clerk of the Court shall enter judgment accordingly and close this case. So Ordered by Circuit Judge VJ-Denny Chin on 4/24/2023. (c/m to Jerry Knight, # 12-A-4884, Coxsackie Correctional Facility, P.O. Box 999, Coxsackie, NY 12051) (TLH)

February 11, 2019

Filing 20 ORDER denying 17 Motion to Stay. For the reasons discussed in the attached Memorandum & Order, the Court denies Petitioner's request to hold his petition in abeyance to allow him to exhaust his ineffective assistance of counsel and prosecuto rial misconduct claims because Plaintiff fails to demonstrate good cause for his failure to exhaust. Within sixty (60) days of this Memorandum and Order, Petitioner may amend his habeas petition to remove his unexhausted claims, and proceed solely on his exhausted claims. Ordered by Judge Margo K. Brodie on 2/11/2019. (Borochoff-Porte, Alison)

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