Minton v. LaValley

Minton v. LaValley

Petitioner:	Tyrone Minton
Respondent:	Thomas LaValley
Case Number:	1:2010cv05140
Filed:	July 6, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Franklin
Presiding Judge:	Denise L. Cote
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
May 10, 2012	Filing 20 OPINION & ORDER: The petition for writ of habeas corpus is denied. In addition, the Court declines to issue a certificate of appealability. Minton has not made a substantial showing of a denial of a federal right, and appellate review is therefore no t warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005).The Court also finds pursuant to 28 U.S.C. § 1915(a) (3) that any appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court shall dismiss this petition and close the case. Copies Sent By Chambers (Signed by Judge Denise L. Cote on 5/10/2012) (cd)
July 12, 2010	Filing 3 MEMORANDUM OPINION & ORDER: Mintons petition is stayed pending state court review of his unexhausted claims. The respondent need not answer the petition at this time. Minton shall, within thirty (30) days after the state court renders its final decis ion, make an application by letter to this Court in order to restore this action to the Courts calendar. Upon receipt of such a letter application, and assuming all of Mintons claims were properly exhausted, the Court will then issue a scheduling ord er directing the respondent to answer the petition. Minton is reminded that, if he does not make an application by letter to this Court within thirty (30) days following the completion of state court review, this petition may be dismissed as untimely restored under Rhines and Zarvela. Minton is advised that, if this petition were to be dismissed, any subsequent petition that he files in federal court may be dismissed as time-barred under 28 USC § 2244(d) and/or treated as a second or successive petition under 28 USC § 2244(b). (Signed by Judge Denise L. Cote on 7/12/10) Copies Mailed By Chambers.(db)

Date Filed

Document Text

May 10, 2012

Filing 20 OPINION & ORDER: The petition for writ of habeas corpus is denied. In addition, the Court declines to issue a certificate of appealability. Minton has not made a substantial showing of a denial of a federal right, and appellate review is therefore no t warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005).The Court also finds pursuant to 28 U.S.C. § 1915(a) (3) that any appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court shall dismiss this petition and close the case. Copies Sent By Chambers (Signed by Judge Denise L. Cote on 5/10/2012) (cd)

July 12, 2010

Filing 3 MEMORANDUM OPINION & ORDER: Mintons petition is stayed pending state court review of his unexhausted claims. The respondent need not answer the petition at this time. Minton shall, within thirty (30) days after the state court renders its final decis ion, make an application by letter to this Court in order to restore this action to the Courts calendar. Upon receipt of such a letter application, and assuming all of Mintons claims were properly exhausted, the Court will then issue a scheduling ord er directing the respondent to answer the petition. Minton is reminded that, if he does not make an application by letter to this Court within thirty (30) days following the completion of state court review, this petition may be dismissed as untimely restored under Rhines and Zarvela. Minton is advised that, if this petition were to be dismissed, any subsequent petition that he files in federal court may be dismissed as time-barred under 28 USC § 2244(d) and/or treated as a second or successive petition under 28 USC § 2244(b). (Signed by Judge Denise L. Cote on 7/12/10) Copies Mailed By Chambers.(db)

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Petitioner: Tyrone Minton
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Respondent: Thomas LaValley
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