Gumbs v. Cunningham

Gumbs v. Cunningham

Plaintiff:	Edward A. Gumbs
Defendant:	Robert Cunningham
Case Number:	2:2013cv05292
Filed:	October 4, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joanna Seybert
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
January 13, 2017	Filing 17 MEMORANDUM AND ORDER: In his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner Edwards Gumbs claims that he was subjected to double jeopardy and denied due process when the trial court corrected his original 15-yea r sentence, ten years after imposing it, to include a required term of post-release supervision ("PRS") that the court had initially failed to pronounce. For the reasons set forth below, the application is denied and the petition is dismiss ed. For the reasons discussed, the application of petitioner Edward Gumbs for a writ of habeas corpus under 28 U.S.C. § 2254 is denied in its entirety and the petition dismissed. Further, Gumbs has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), so no certificate of appealability shall issue. The Clerk is directed to close this case. Ordered by Judge Raymond J. Dearie on 1/13/2017. (Rodriguez, Lori)

Date Filed

Document Text

January 13, 2017

Filing 17 MEMORANDUM AND ORDER: In his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner Edwards Gumbs claims that he was subjected to double jeopardy and denied due process when the trial court corrected his original 15-yea r sentence, ten years after imposing it, to include a required term of post-release supervision ("PRS") that the court had initially failed to pronounce. For the reasons set forth below, the application is denied and the petition is dismiss ed. For the reasons discussed, the application of petitioner Edward Gumbs for a writ of habeas corpus under 28 U.S.C. § 2254 is denied in its entirety and the petition dismissed. Further, Gumbs has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), so no certificate of appealability shall issue. The Clerk is directed to close this case. Ordered by Judge Raymond J. Dearie on 1/13/2017. (Rodriguez, Lori)

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Defendant: Robert Cunningham
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By:	SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
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Plaintiff: Edward A. Gumbs
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