Fernandez v. Ercole

Fernandez v. Ercole

Petitioner:	Larry Fernandez
Respondent:	William Ercole
Case Number:	1:2014cv02974
Filed:	April 21, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Ronnie Abrams
Presiding Judge:	Henry B. Pitman
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 31, 2017	Filing 23 OPINION & ORDER ADOPTING REPORT & RECOMMENDATION: re [22 ADDENDUM TO REPORT AND RECOMMENDATION]. For the foregoing reasons, the Court adopts Judge Pitman's Report and Recommendation in its entirety. The Court denies the petition for a writ of h abeas corpus, denies the motion for leave to amend the petition, and denies the motion for a stay of this petition. Because Fernandez has not made a substantial showing of a denial of a constitutional right, the Court declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court notes that the transcripts of Fernandez' s state-court proceedings have not been publicly filed. No later than June 7, 2017, Respondent shall file these transcripts on the public docket. The Clerk of the Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/31/2017) (ama)

Date Filed

Document Text

May 31, 2017

Filing 23 OPINION & ORDER ADOPTING REPORT & RECOMMENDATION: re [22 ADDENDUM TO REPORT AND RECOMMENDATION]. For the foregoing reasons, the Court adopts Judge Pitman's Report and Recommendation in its entirety. The Court denies the petition for a writ of h abeas corpus, denies the motion for leave to amend the petition, and denies the motion for a stay of this petition. Because Fernandez has not made a substantial showing of a denial of a constitutional right, the Court declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court notes that the transcripts of Fernandez' s state-court proceedings have not been publicly filed. No later than June 7, 2017, Respondent shall file these transcripts on the public docket. The Clerk of the Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/31/2017) (ama)

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Petitioner: Larry Fernandez
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Respondent: William Ercole
Represented By:	Marianne Stracquadanio
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