Currie v. Graham

Currie v. Graham

Plaintiff:	James E. Currie
Defendant:	Harold D. Graham
Case Number:	2:2017cv01227
Filed:	February 24, 2017
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joan M. Azrack
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
June 12, 2019	Filing 34 MEMORANDUM AND ORDER dated 6/12/19 that the petition is denied, and the case is dismissed. Since petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28: 2253(c)( 2). The Court certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Judge Brian M. Cogan on 6/12/2019 ) c/m *Forward for jgm. (Guzzi, Roseann)
April 25, 2019	Filing 29 MEMORANDUM AND ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), based on the information available to the Court, Currie returned to state court as he intended and appealed the denial of his § 440.10 motion and completed the state court review process regarding his writ of error coram nobis. Therefore, at this time, the Court need not grant a stay for Currie to return to state court, but grants Currie's motion to amend his habeas petition. Within thirty (30) days of this Order , Currie is directed to file and serve an amended petition that includes both the claims raised in his original habeas petition and the new claims he raised in his §440.10 motion and his coram nobis application. Respondent is directed to respond within sixty (60) days after Currie files his amended petition and to include any state court filings not included with their earlier submissions. The Clerk of Court shall mail a copy of this Order to petitioner. So Ordered by Judge Joan M. Azrack on 4/25/2019. (Ortiz, Grisel) (c/m to pro se)

Date Filed

Document Text

June 12, 2019

Filing 34 MEMORANDUM AND ORDER dated 6/12/19 that the petition is denied, and the case is dismissed. Since petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28: 2253(c)( 2). The Court certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Judge Brian M. Cogan on 6/12/2019 ) c/m *Forward for jgm. (Guzzi, Roseann)

April 25, 2019

Filing 29 MEMORANDUM AND ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), based on the information available to the Court, Currie returned to state court as he intended and appealed the denial of his § 440.10 motion and completed the state court review process regarding his writ of error coram nobis. Therefore, at this time, the Court need not grant a stay for Currie to return to state court, but grants Currie's motion to amend his habeas petition. Within thirty (30) days of this Order , Currie is directed to file and serve an amended petition that includes both the claims raised in his original habeas petition and the new claims he raised in his §440.10 motion and his coram nobis application. Respondent is directed to respond within sixty (60) days after Currie files his amended petition and to include any state court filings not included with their earlier submissions. The Clerk of Court shall mail a copy of this Order to petitioner. So Ordered by Judge Joan M. Azrack on 4/25/2019. (Ortiz, Grisel) (c/m to pro se)

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Plaintiff: James E. Currie
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Defendant: Harold D. Graham
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