Rodriguez v. Ercole
| Michael Rodriguez |
| Robert Ercole |
| 1:2007cv00415 |
| January 18, 2007 |
| US District Court for the Southern District of New York |
| Habeas Corpus (General) Office |
| XX Out of State |
| Michael H. Dolinger |
| Shira A. Scheindlin |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
18
OPINION AND ORDER: For the reasons set forth above, I hereby adopt the R&R and deny Rodriguez's section 2254 petition. The next question is whether this Court should issue a Certificate of Appealability ("COA"). For a COA to issue, pet itioner must make a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate whether "the petition should have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further. The issues raised in petitioner's Objections were not easily decided and it is possible that a different judge would have reached a different conclusion. Accordingly, I hereby grant a certificate of appealability as to whether petitioner's trial counsel was ineffective for: (1) not requesting a defense-against-robbery charge; and (2) not objecting to the justification charge given by the trial judge. The Clerk of the Court is directed to close this motion and this case. (Signed by Judge Shira A. Scheindlin on 6/7/2010) (jfe)
|
|
Filing
16
ORDER: The Clerk of the Court is hereby ORDERED to vacate: (1) this Court's February 26,2009 Order adopting the Report and Recommendation of Magistrate Judge Michael H. Dolinger, dated August 15,2008; and (2) the Clerk's Judgment, dated Feb ruary 27,2009, dismissing the instant petition with prejudice. The Clerk of the Court is further ORDERED to reinstate the above-captioned case to this Court's active docket. Respondent is hereby ORDERED to respond, in writing, to petitioner's objections to the Report and Recommendation by May 1, 2009. (Signed by Judge Shira A. Scheindlin on 4/2/2009) (jpo)
|
|
Filing
14
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations, I hereby adopt the thorough and thoughtful R&R in full. In accordance with the R&R, the instant habeas petition is dismissed with prejudice. Because petitioner's failure to file objections precludes appellate review, this Court will not issue a certificate of appealability...The Clerk of the Court is directed to close this case. (Signed by Judge Shira A. Scheindlin on 2/26/09) (cd)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Rodriguez v. Ercole | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Michael Rodriguez | |
| Represented By: | Robert S. Dean |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Robert Ercole | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
