Diaz v. Kuhlman
1:1999cv01085 |
September 16, 2022 |
US District Court for the Southern District of New York |
Foley Square Office |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing 42 ORDER denying 39 Motion for Reconsideration re 39 MOTION for Reconsideration re; 17 Judgment,,. filed by Angel Diaz. Because Plaintiff does not identify controlling law which the Court overlooked or new evidence, the Court determin es that Petitioner has not met his burden for reconsideration. DiLaura, 982 F.2d at 76. Accordingly, Petitioner's motion for reconsideration is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 39 and mail a copy of this order to Petitioner pro se. SO ORDERED.. (Signed by Judge Analisa Torres on 1/30/2023) (kv) Transmission to Docket Assistant Clerk for processing. |
Filing 38 ORDER ADOPTING REPORT AND RECOMMENDATION for 36 Report and Recommendations. For the foregoing reasons, the Court OVERRULES Diaz's objections to the R&Rs, ADOPTS the R&Rs' conclusions, and DISMISSES Diaz's motion. The Clerk of Court is directed to terminate the motion at ECF No. 22 and mail a copy of this order to Petitioner pro se. SO ORDERED. (Signed by Judge Analisa Torres on 12/28/2022) (kv) |
Filing 33 ORDER The Court has determined that no further briefing is warranted to resolve this matter. Accordingly, the scheduling order at Dkt. 32 is hereby vacated. The Court will decide the motion based on the existing record. SO ORDERED. (Signed by Ma gistrate Judge Robert W. Lehrburger on 10/20/2022) Copies transmitted this date to all counsel of record. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff at the address below: Angel Diaz (90-B-2445) P.O. Box AG Fallsburg, NY 12733-1187 (jca) |
Filing 28 AMENDED ORDER: On April 16, 2001, judgment was entered denying Petitioner's petition for habeas corpus. Petitioner's subsequent efforts to appeal were unsuccessful. On June 24, 2022, Petitioner filed a motion for relief from the judgment pu rsuant to Fed. R. Civ. P. 60(b)(6). On August 26, 2022, Petitioner filed a letter seeking the same relief. Accordingly, Respondent shall file a response to Petitioner's motion and letter by October 31, 2022. SO ORDERED. Copies transmitted this d ate to all counsel of record. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff at the address below: Angel Diaz, (90-B-2445)P.O. Box AG, Fallsburg, NY 12733-1187. (Signed by Magistrate Judge Robert W. Lehrburger on 9/19/2022) (mml) Transmission to Docket Assistant Clerk for processing. |
Filing 27 ORDER: On April 16, 2001, judgment was entered denying Petitioner's petition for habeas corpus. Petitioner's subsequent efforts to appeal were unsuccessful. On June 24, 2022, Petitioner filed a motion for relief from the judgment pursuan t to Fed. R. Civ. P. 60(b)(6). On August 26, 2022, Petitioner filed a letter seeking the same relief. Accordingly, Respondent shall file a response to Petitioner's motion and letter by October 31, 2022. SO ORDERED. Copies transmitted this date to all counsel of record. (Responses due by 10/31/2022) (Signed by Magistrate Judge Robert W. Lehrburger on 9/16/2022) (mml) |
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