Cordero v. Rivera

Cordero v. Rivera

Case Number:	1:2005cv09758
Filed:	November 18, 2005
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Ronald L. Ellis
Presiding Judge:	Sidney H. Stein
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
December 29, 2009	Filing 15 OPINION & ORDER: #98409 The Court thus adopts Magistrate Judge Ellis' recommendation that Cordero's habeas petition be denied in its entirety. The Court further finds for the reasons set forth above that Cordero's additional, newly di scovered evidence claim is also insufficient to warrant post-conviction relief. Accordingly, IT IS HEREBY ORDERED that: (1) Magistrate Judge Ellis's Report and Recommendation dated April 2, 2009 is adopted; (2) The petition is deemed amended to include Cordero's newly discovered evidence claim, and, as amended, is dismissed on the merits; (3) As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C . § 2253; see also Richardson v. Greene, 497 F.3d 212,217 (2d Cir. 2007); and (4) Pursuant to 28 U.S.C. § 19l5(a) the Court certifies that any appeal from this Order would not be taken in good faith. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/29/2009) (tve) Modified on 1/4/2010 (ajc).

Date Filed

Document Text

December 29, 2009

Filing 15 OPINION & ORDER: #98409 The Court thus adopts Magistrate Judge Ellis' recommendation that Cordero's habeas petition be denied in its entirety. The Court further finds for the reasons set forth above that Cordero's additional, newly di scovered evidence claim is also insufficient to warrant post-conviction relief. Accordingly, IT IS HEREBY ORDERED that: (1) Magistrate Judge Ellis's Report and Recommendation dated April 2, 2009 is adopted; (2) The petition is deemed amended to include Cordero's newly discovered evidence claim, and, as amended, is dismissed on the merits; (3) As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C . § 2253; see also Richardson v. Greene, 497 F.3d 212,217 (2d Cir. 2007); and (4) Pursuant to 28 U.S.C. § 19l5(a) the Court certifies that any appeal from this Order would not be taken in good faith. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/29/2009) (tve) Modified on 1/4/2010 (ajc).

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