McCray v. Capra
| Terence Sandy McCray |
| Michael Capra |
| 9:2015cv01129 |
| September 21, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Westchester |
| Christian F. Hummel |
| Brenda K. Sannes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
70
AMENDED MEMORANDUM DECISION: ORDERED THAT the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED THAT the motion at Docket No. 67 is DENIED. IT IS FURTHER ORDERED THAT the Court grants a Certificat e of Appealability solely with respect to McCray's claim that the non-disclosure of the complainant's medical records violated Brady (Ground 4). 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certific ate of appealability, a prisoner must 'demonstrat[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 encour agement to proceed further.'" (quoting Miller-El, 537 U.S. at 327)). Any further request to expand the Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. IT IS FURTHER ORDERE D THAT the appointment of counsel shall continue for purposes of any appeal. If counsel wishes to decline the appointment on appeal, he should file a withdrawal request with the Court. Otherwise, counsel should confer with McCray for the purposes of filing an appeal. The Clerk of Court is to enter judgment accordingly. Signed by Judge James K. Singleton on 7/24/18. (served on petitioner by regular mail)(alh, )
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Filing
62
ORDER: ORDERED that Respondent shall have up to and including April 9, 2018, to file a response to the Supplemental Brief at Docket No. 52 . McCray shall have up to and including April 23, 2018, to file a reply. Signed by Judge James K. Singleton on 3/13/18. (served on petitioner by regular mail)(alh, )
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Filing
46
MEMORANDUM DECISION and ORDER: ORDERED that, pursuant to 18 U.S.C. § 3006A(a)(2)(B), the Criminal Justice Act (CJA) Panel is requested to appoint an attorney for McCray for the purpose of submitting further briefing with respect to McCrays cl aim that the trial court erroneously and prejudicially failed to disclose portions of the victims mental health records that bore on her credibility (Ground 4 and Arguments 6, 6a, and 7 in Attachment (1)). ORDERED that counsel for petitioner shal l have 90 days from the date of appointment to file supplemental briefing in support of that ground, Respondent shall have 30 days from the date petitioners supplemental briefing is submitted to respond, and petitioners counsel shall have 14 days in which to reply. ORDERED that, once this Court has received and considered the supplemental briefing on the remaining claim, the Court will determine whether further action is necessary or enter final judgment. If further action is deemed nece ssary, the Court will determine whether the appointment of counsel shall continue. Until final judgment on all grounds raised in the Petition is entered, this decision will be subject to revision in conformity with Federal Rule of Civil Procedure 5 4(b). ORDERED that the Court will reserve until final judgment its determination of whether 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 appealabili ty, a prisoner must 'demonstrat[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)). Signed by Judge James K. Singleton on 8/31/17. (served on petitioner by regular mail)(alh, )
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| Petitioner: Terence Sandy McCray | |
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| Respondent: Michael Capra | |
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