Rhodes v. Lee

Rhodes v. Lee

Petitioner:	Lawrence R. Rhodes
Respondent:	William Lee
Case Number:	9:2012cv01747
Filed:	November 28, 2012
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
County:	Dutchess
Presiding Judge:	Mae A. D'Agostino
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
May 1, 2014	Filing 52 JUDGMENT: IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated May 1, 2014, the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Dkt. No. [ 1]) is DENIED. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demon strat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.' " (quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)
April 15, 2014	Filing 49 ORDER: ORDERED THAT Respondent shall have 30 days, or up to and including May 15, 2014, to file under seal with this Court a complete copy of the trial transcript. See Rule 7 of the Rules Governing Section 2254 Cases in the United States District C ourts. IT IS FURTHER ORDERED THAT, once the transcripts are lodged, the Clerk of Court shall provide Rhodes with a copy of those transcripts without cost. See 28 U.S.C. § 2250. (Notice of Compliance Deadline 5/15/2014) Signed by Judge James K. Singleton on 4/15/2014. (ptm) (Copy served on petitioner by regular mail)

Date Filed

Document Text

May 1, 2014

Filing 52 JUDGMENT: IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated May 1, 2014, the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Dkt. No. [ 1]) is DENIED. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demon strat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.' " (quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)

April 15, 2014

Filing 49 ORDER: ORDERED THAT Respondent shall have 30 days, or up to and including May 15, 2014, to file under seal with this Court a complete copy of the trial transcript. See Rule 7 of the Rules Governing Section 2254 Cases in the United States District C ourts. IT IS FURTHER ORDERED THAT, once the transcripts are lodged, the Clerk of Court shall provide Rhodes with a copy of those transcripts without cost. See 28 U.S.C. § 2250. (Notice of Compliance Deadline 5/15/2014) Signed by Judge James K. Singleton on 4/15/2014. (ptm) (Copy served on petitioner by regular mail)

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Respondent: William Lee
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Petitioner: Lawrence R. Rhodes
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