Izaguirre v. Lee
Raul Izaguirre |
William Lee |
2:2010cv03216 |
July 6, 2010 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joseph F. Bianco |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 47 MEMORANDUM AND OPINION. For the reasons set forth in the attached Memorandum and Order, Petitioner has demonstrated a basis for relief under 28 U.S.C. § 2254 in connection with his retaliatory sentencing claim. Accordingly, a writ of habeas corp us shall issue unless, within ninety days of the date of the Memorandum and Order, Petitioner is resentenced before a judge other than the one who delivered the sentence at issue in the instant petition. Moreover, Petitioner's remaining grounds for habeas relief are denied. With respect to these other grounds for relief, because Petitioner has failed to make a substantial showing of a denial of a constitutional right, no certificate of appealability shall issue on these grounds. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/25/2012. (Maxwell, Rita) |
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Petitioner: Raul Izaguirre | |
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Respondent: William Lee | |
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