Sunter v. Capra

Sunter v. Capra

Petitioner:	Male Sunter
Respondent:	Michael Capra
Case Number:	1:2013cv01551
Filed:	March 6, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	Ronald L. Ellis
Presiding Judge:	Colleen McMahon
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
February 29, 2016	Filing 48 MEMO ENDORSEMENT on 37 Report and Recommendations. ENDORSEMENT: The court has reviewed the Report, the Petitioner's objections thereto and the people's response (such as it is); I conclude that the objections lack merit. I adopt th e Report as the opinion of the court with the following amendations: the objection addressed to the denial of the "acquitted first charge fails not only for the reasons stated, but because no constitutional issue is raised and any error of state evidence law. There was no micharacterization of evidence (p. 21, Report) when the prosecutor, responding to a suggestion planted by defense counsel, responded by arguing the unlikelyhood that the victims of the crime had concocted a sch eme to plant bullets at the scene. With these two amendations the Report becomes the court's opinion. The petition does not raise any issue of constitutional substance. Leave to appeal would be taken in bad faith. (Signed by Judge Colleen McMahon on 2/29/2016) Copies Mailed By Chambers. (kgo)
September 17, 2014	Filing 32 MEMORANDUM OPINION & ORDER re: 30 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). filed by Male Sunter. Sunter's application for the Court to request pro bono counsel is DENIED; his request for the Co urt to compel Respondent to provide transcripts from 2006 proceedings is DENIED; his request for a copy of the transcript of the July 10, 2014 telephonic conference is DENIED; and his request for an enlargement of time to complete his reply is GRANTED nunc pro tunc. (Signed by Magistrate Judge Ronald L. Ellis on 9/17/2014) Copies Sent By Chambers (djc)

Date Filed

Document Text

February 29, 2016

Filing 48 MEMO ENDORSEMENT on 37 Report and Recommendations. ENDORSEMENT: The court has reviewed the Report, the Petitioner's objections thereto and the people's response (such as it is); I conclude that the objections lack merit. I adopt th e Report as the opinion of the court with the following amendations: the objection addressed to the denial of the "acquitted first charge fails not only for the reasons stated, but because no constitutional issue is raised and any error of state evidence law. There was no micharacterization of evidence (p. 21, Report) when the prosecutor, responding to a suggestion planted by defense counsel, responded by arguing the unlikelyhood that the victims of the crime had concocted a sch eme to plant bullets at the scene. With these two amendations the Report becomes the court's opinion. The petition does not raise any issue of constitutional substance. Leave to appeal would be taken in bad faith. (Signed by Judge Colleen McMahon on 2/29/2016) Copies Mailed By Chambers. (kgo)

September 17, 2014

Filing 32 MEMORANDUM OPINION & ORDER re: 30 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). filed by Male Sunter. Sunter's application for the Court to request pro bono counsel is DENIED; his request for the Co urt to compel Respondent to provide transcripts from 2006 proceedings is DENIED; his request for a copy of the transcript of the July 10, 2014 telephonic conference is DENIED; and his request for an enlargement of time to complete his reply is GRANTED nunc pro tunc. (Signed by Magistrate Judge Ronald L. Ellis on 9/17/2014) Copies Sent By Chambers (djc)

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Petitioner: Male Sunter
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Respondent: Michael Capra
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