Sadagheh v. Heath et al
| Torkieh Sadagheh |
| Brian Fischer, New York State Department of Corrections and Community Supervision (DOCCS), Philip Heath and State Of New York |
| 1:2012cv00184 |
| January 10, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gabriel W Gorenstein |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 33 MANDATE of USCA (Certified Copy) as to #30 Notice of Appeal filed by Torkieh Sadagheh USCA Case Number 18-0663. IT IS HEREBY ORDERED that the appeal is dismissed effective July 09, 2018 unless by that date the applicant has filed a motion for a certificate of appealability that complies with this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/21/2018. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #33 USCA Mandate. (tp) |
| First Supplemental ROA Sent to USCA (Electronic File). USCA Case No. 18-0663. Certified Supplemental Indexed record on Appeal Electronic Files for #32 Order deciding Certificate of Appealability were transmitted to the U.S. Court of Appeals. (nd) |
Filing 32
ORDER: On March 18, 2015 the Court entered a Memorandum Order (Docket Entry No.18) that adopted, in part, an earlier Report and Recommendation by Magistrate Judge Gorenstein (Docket Entry No. 16) and dismissed Sadagheh's petition for a writ of habeas corpus. In adopting Judge Gorenstein's recommendation, the Court found that the "Petitioner has not made a substantial showing of the denial of a constitutional right, [and, therefore,] a certificate of appealability will not issue" pursuant to 28 U.S.C. 2253(c)(2). Petitioner then moved for relief from final judgment pursuant to Federal Rule of Civil Procedure 60(b)(1) ("Rule 60) (Docket Entry No. 21), which the Court denied by adopting a second Report and Recommendation from Judge Gorenstein (Docket Entry No. 29). For substantially the same reasons as stated in Docket Entry No. 18, the Court denies Petitioner a certificate of appealability from its order adopting Judge Gorenstein's Report and Recommendation and denying his Rule 60 motion. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/17/2018) (ama)
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| Filing 31 NOTICE OF CHANGE OF ADDRESS by Paul Bernard Lyons on behalf of Philip Heath. New Address: Office of the New York State Attorney General, 28 Liberty Street, New York, New York, 10005, 212-416-8229. (Lyons, Paul) |
| USCA Case Number 18-0663 from the U.S. Court of Appeals, Second Circuit assigned to #30 Notice of Appeal filed by Torkieh Sadagheh. (nd) |
| USCA Appeal Fees received $ 505.00 receipt number 465401204707 on 03/19/2018 re: #30 Notice of Appeal filed by Torkieh Sadagheh. [USCA Case No. 18-0663]. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #30 Notice of Appeal filed by Torkieh Sadagheh were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #30 Notice of Appeal. (tp) |
| Filing 30 NOTICE OF APPEAL from #29 Order Adopting Report and Recommendations. Document filed by Torkieh Sadagheh. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Due: for #30 Notice of Appeal. Appeal fee due by 3/19/2018. (tp) |
| Appeal Remark as to #30 Notice of Appeal filed by Torkieh Sadagheh. COA DENIED 03/18/2015. IFP DENIED 02/16/2018. (tp) |
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Filing 29
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION for #16 Report and Recommendation. Petitioner's December letter generally reargues the merits of his original motion. The Court finds no clear error in the Report. For the foregoing reasons, the Court adopts the Report in its entirety. Petitioner's Motion is denied. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Docket Entry No. 21 is hereby resolved. And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/16/2018) Copies Mailed By Chambers. (ama)
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| Filing 28 LETTER addressed to Judge Laura Taylor Swain from T. Sadagheh, dated 12/8/17 re: Petitioner writes to the Court that the reason he is entitled to the relief he seeks is that the Notice of Facts constitutes a potential defense and, in the present case, there exists an aggravating or mitigating factor of a kind or to a degree not otherwise adequately taken into account etc. Document filed by Torkieh Sadagheh.(sc) |
| Filing 27 LETTER addressed to Judge Laura Taylor Swain from T. Sadagheh, dated 10/20/17 re: (OBJECTION TO REPORT & RECOMMENDATION) - Petitioner requests that the Court treats the attached letter Reply(as indicated), dated 10/17/17, as his Objection to Magistrate Judge Gorenstein's 10/16/17 Report & Recommendation. Document filed by Torkieh Sadagheh.(sc) Modified on 11/2/2017 (sc). |
| Filing 26 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from T. Sadagheh, dated 10/17/17 re: REPLY TO RESPONDENTS' 10/6/17 ANSWER. Document filed by Torkieh Sadagheh.(sc) |
| Filing 25 REPORT AND RECOMMENDATION. For the foregoing reasons, Sadagheh's motion (Docket #21) should be denied. re: #21 MOTION for Reconsideration re; #19 Clerk's Judgment filed by Torkieh Sadagheh. Objections to R&R due by 10/30/2017. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/16/2017) Copies Sent By Chambers. (rjm) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #21 MOTION for Reconsideration re; #19 Clerk's Judgment,,. . Document filed by Brian Fischer, Philip Heath, New York State Department of Corrections and Community Supervision (DOCCS). (Lyons, Paul) |
| MOTIONS REFERRED: #21 MOTION for Reconsideration re; #19 Clerk's Judgment,. Motions referred to Gabriel W. Gorenstein. (yv) |
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Filing 23
ORDER. The respondents shall file any opposition to petitioner's motion (Docket #21) on or before September 29, 2017. SO ORDERED. (Responses due by 9/29/2017) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/8/2017) Copies Sent By Chambers. (rjm)
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Filing 22
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion - DE # 21 - Motion for Reconsideration (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. So Ordered. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 9/8/17) (yv)
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| Filing 21 NOTICE OF MOTION; re: for Reconsideration of #19 Clerk's Judgment. Document filed by Torkieh Sadagheh.(sc) |
| Form Request Mailed: Request for Docket Sheet from T. Sadagheh mailed on 8/21/2017. (sbr) |
| Filing 20 LETTER from T. Sadagheh, dated 8/14/17 re: Petitioner requests that the Court provide him with the disposition of his appellate case which came before this Court and a Court history record of this case. Document filed by Torkieh Sadagheh.(sc) Modified on 8/21/2017 (sc). |
| Request for Copy of the updated Docket Sheet Received: Re #20 Letter. Request for Docket Report, from T. Sadagheh received on 8/18/17. Transmission to Pro Se Assistants for processing. (sc) |
| Filing 19 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Order Adopting Report and Recommendation dated March 18, 2015, the Court adopts the thorough and well-reasoned Report, with the exception of the full paragraph on page 22 thereof, and the Petition for writ of habeas corpus is denied, As petitioner has not made a substantial showing of the denial of a constitutional right, the certificate of appealability will not issue, 28 U.S.C. 2253(c)(2); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/18/2015) (Attachments: #1 Right to Appeal Attachment Part 1, #2 Right to Appeal Attachment Part 2)(mro) |
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Filing 18
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION for #16 Report and Recommendations. For the foregoing reasons, the Court adopts the thorough and well-reasoned Report, with the exception of the full paragraph on page 22 thereof, and the Petition for writ of habeas corpus is denied. The Clerk of the Court is requested to enter judgment accordingly and close this case. 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(c)(2). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/18/2015) (ajs)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #18 Order Adopting Report and Recommendations, to the Judgments and Orders Clerk. (ajs) |
| Filing 17 OBJECTION to #16 Report and Recommendations Document filed by Torkieh Sadagheh. (Attachments: #1 Exhibit A)(Fateha, Morris) |
| Filing 16 REPORT AND RECOMMENDATION re: #1 Petition for Writ of Habeas Corpus filed by Torkieh Sadagheh. For the reasons set forth in this Report and Recommendation, Sadagheh's petition should be denied in its entirety. Objections to R&R due by 5/17/2013. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/29/2013) (tro) |
| Filing 15 DECLARATION of Paul B. Lyons in Opposition. Document filed by Brian Fischer, Philip Heath, New York State Department of Corrections and Community Supervision (DOCCS). (Lyons, Paul) |
| Filing 14 REPLY MEMORANDUM OF LAW in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by Torkieh Sadagheh. (Fateha, Morris) |
| Filing 13 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Morris Fateha dated 8/3/2012 re: Counsel respectfully requests an extension of time to reply to the respondent's opposition to 8/30/12. ENDORSEMENT: Granted. ( Replies due by 8/30/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/3/2012) (jfe) Modified on 8/13/2012 (jfe). |
| Filing 12 DECLARATION of Paul B. Lyons in Opposition. Document filed by Brian Fischer, Philip Heath, New York State Department of Corrections and Community Supervision (DOCCS). (Attachments: #1 Exhibit A to K, #2 Exhibits L to U)(Lyons, Paul) |
| Filing 11 MEMORANDUM OF LAW in Opposition to Petition for a Writ of Habeas Corpus. Document filed by Brian Fischer, Philip Heath, New York State Department of Corrections and Community Supervision (DOCCS). (Lyons, Paul) |
| Filing 10 RESPONSE to #1 Petition for Writ of Habeas Corpus. Document filed by Brian Fischer, Philip Heath, New York State Department of Corrections and Community Supervision (DOCCS).(Lyons, Paul) |
| Filing 9 ENDORSED LETTER addressed to Magistrate Judge Gabriel W Gorenstein from Paul B Lyons dated 6/22/2012 re: Request to extend time from 6/25 to 7/9/2012 to respond to the petition. ENDORSEMENT: Granted. Brian Fischer answer due 7/9/2012; Philip Heath answer due 7/9/2012; New York State Department of Corrections and Community Supervision (DOCCS) answer due 7/9/2012; State Of New York answer due 7/9/2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2012) (cd) |
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Filing 8
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul B. Lyons dated 5/23/2012 re: Request for extension of time to respond to petition. ENDORSEMENT: Granted. So ordered. Brian Fischer answer due 6/25/2012; Philip Heath answer due 6/25/2012; New York State Department of Corrections and Community Supervision (DOCCS) answer due 6/25/2012; State Of New York answer due 6/25/2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/23/2012) (rjm)
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| Filing 7 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Paul B. Lyons dated 3/23/12 re: Counsel for the respondents requests a 60 day extension of time, on consent, to respond to the petition, from 3/26 to 5/25. ENDORSEMENT: Granted. Petitioner may respond 30 days thereafter. Brian Fischer answer due 5/25/2012; Philip Heath answer due 5/25/2012; New York State Department of Corrections and Community Supervision (DOCCS) answer due 5/25/2012; State Of New York answer due 5/25/2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/23/2012) (mro) |
| Filing 6 NOTICE OF APPEARANCE by Paul Bernard Lyons on behalf of Philip Heath (js) |
| Filing 5 NOTICE OF APPEARANCE by Paul Bernard Lyons on behalf of State Of New York (Lyons, Paul) |
| Filing 4 NOTICE OF APPEARANCE by Paul Bernard Lyons on behalf of Brian Fischer, Philip Heath, New York State Department of Corrections and Community Supervision (DOCCS) (Lyons, Paul) |
| Received Return Receipt of #1 Petition for Writ of Habeas Corpus as to Attorney General of the State of NY, which was served by Certified Mail # 70030500000003430201, on 2/15/12. (jw) |
| Mailed a copy of #1 Petition for Writ of Habeas Corpus, #3 Order, to Attorney General Of The State Of New York Attn: Section Chief Federal Habeas Corpus Section 120 Broadway New York, 10271 (7003 0500 0000 0343 0201) with Return Receipt Requested. (jab) |
| Transmission to Docket Assistant Clerk. Transmitted re: #3 Order to the Docket Assistant Clerk for case processing. (jfe) |
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Filing 3
ORDER: Torkieh Sadagheh has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254. In accordance with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, I have considered the petition preliminarily and direct that respondent shall file either an answer or, if respondent has a basis on which to seek to have the petition denied or dismissed that does not require an answer, a motion with respect to the petition: (1) respondents shall file such answer or motion on or before March 26, 2012; (2) the answer or motion shall include an affidavit describing any facts relevant to the answer or motion and all documents necessary for the adjudication of this matter, including but not limited to transcripts of any relevant proceedings, the briefs submitted on appeal, the record in any state post-conviction proceedings, and such other information as may be necessary for this Court to adjudicate the petition; (3) the submission shall include a memorandum of law fully describing the factual and legal basis underlying the respondent's opposition and each statement of fact therein shall be accompanied by a citation to the appropriate transcript, affidavit or document by paragraph or page number; (4) petitioner shall have thirty (30) days from the date on which he is served with respondent's answer or motion to file a response or traverse; (5) an extra copy of all papers served and filed shall be sent to the undersigned at 500 Pearl Street, New York, NY 10007; (6) if petitioner is pro se, respondent must send to petitioner a copy of each unpublished decision that is cited in his memorandum of law. The Clerk of the Court is directed to serve a copy of this Order and any other orders previously issued by the Court, the underlying petition, and any documents filed by the petitioner in support of the underlying petition (or in response to any order previously issued by the Court) on Attorney General of the State of New York, Attn: Section Chief, Federal Habeas Corpus Section, 120 Broadway, New York, NY 10271. Such service shall be made by Certified Mail, Return Receipt Requested. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/24/2012) Copies Sent By Chambers. (jfe)
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| Set/Reset Deadlines: Brian Fischer answer due 3/26/2012; Philip Heath answer due 3/26/2012; New York State Department of Corrections and Community Supervision (DOCCS) answer due 3/26/2012; State Of New York answer due 3/26/2012. (jfe) |
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Filing 2
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 1/19/2012) (jfe)
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. (Filing Fee $ 5.00, Receipt Number 6556)Document filed by Torkieh Sadagheh.(ama) (ama). |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (ama) |
| Case Designated ECF. (ama) |
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