Gutt v. Griffin

Gutt v. Griffin

Petitioner:	Adolf Gutt
Respondent:	Thomas Griffin
Case Number:	1:2016cv00703
Filed:	February 1, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Dutchess
Presiding Judge:	Jesse M. Furman
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
December 20, 2017	Filing 37 OPINION: Based on the reasons set forth above, the instant petition for habeas corpus is denied in its entirety and the court adopts Judge Fox's July 6, 2017 Report and Recommendation as its opinion. As Petitioner has made no substantial showi ng of the denial of a constitutional right, there is no question of substance for appellate review. Therefore, no certificate of appealability shall issue. 28 U.S.C. § 2253; see United States v. Perez, 129 F. 3d 255, 259-60 (2d Cir. 1997); Lo zada v. United States, 107 F. 3d 1011 (2d Cir. 1997); Rodriguez v. Scully, 905 F. 2d 24 (2d Cir. 1990). I certify, pursuant to 28 U.S.C. § 1915(a), that an appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is respectfully requested to close this case and to mail a copy of this Opinion to Adolf Gutt at 12A3591 Al.22, Attica Correctional Facility, P.O. Box 149, Attica, NY 14011-0149. (Signed by Judge Colleen McMahon on 12/20/2017) (kgo)
July 25, 2017	Filing 34 OPINION AND ORDER re: 33 Report and Recommendation. Per 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties had fourteen days from service of the Report to file written objections. (Docket No. 33). Wi thin that fourteen-day period, Petitioner mailed the attached letter, dated July 18, 2017, to the Court, requesting a forty-five-day extension to file his written objection. That request is GRANTED. Accordingly, Petitioner has until September 5, 2 017, to file his objections to the Report and Recommendation. Any response to those objections are due fourteen days thereafter. Petitioner is reminded that he is not to send mail directly to the Court. Any and all submissions must be mailed to the P ro Se Intake Unit at 500 Pearl Street, Room 200, New York, New York 10007. The Clerk of Court is directed to mail a copy of this Order to Petitioner at: Adolf Gutt #12A3591 A.1.22 Attica Correctional Facility P.O. Box 149 Attica, New York 14011-0419. The Clerk of Court is directed to update Petitioner's address on the docket accordingly. (Objections to R&R due by 9/5/2017) (Signed by Judge Jesse M. Furman on 7/24/2017) (ras)

Date Filed

Document Text

December 20, 2017

Filing 37 OPINION: Based on the reasons set forth above, the instant petition for habeas corpus is denied in its entirety and the court adopts Judge Fox's July 6, 2017 Report and Recommendation as its opinion. As Petitioner has made no substantial showi ng of the denial of a constitutional right, there is no question of substance for appellate review. Therefore, no certificate of appealability shall issue. 28 U.S.C. § 2253; see United States v. Perez, 129 F. 3d 255, 259-60 (2d Cir. 1997); Lo zada v. United States, 107 F. 3d 1011 (2d Cir. 1997); Rodriguez v. Scully, 905 F. 2d 24 (2d Cir. 1990). I certify, pursuant to 28 U.S.C. § 1915(a), that an appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of Court is respectfully requested to close this case and to mail a copy of this Opinion to Adolf Gutt at 12A3591 Al.22, Attica Correctional Facility, P.O. Box 149, Attica, NY 14011-0149. (Signed by Judge Colleen McMahon on 12/20/2017) (kgo)

July 25, 2017

Filing 34 OPINION AND ORDER re: 33 Report and Recommendation. Per 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties had fourteen days from service of the Report to file written objections. (Docket No. 33). Wi thin that fourteen-day period, Petitioner mailed the attached letter, dated July 18, 2017, to the Court, requesting a forty-five-day extension to file his written objection. That request is GRANTED. Accordingly, Petitioner has until September 5, 2 017, to file his objections to the Report and Recommendation. Any response to those objections are due fourteen days thereafter. Petitioner is reminded that he is not to send mail directly to the Court. Any and all submissions must be mailed to the P ro Se Intake Unit at 500 Pearl Street, Room 200, New York, New York 10007. The Clerk of Court is directed to mail a copy of this Order to Petitioner at: Adolf Gutt #12A3591 A.1.22 Attica Correctional Facility P.O. Box 149 Attica, New York 14011-0419. The Clerk of Court is directed to update Petitioner's address on the docket accordingly. (Objections to R&R due by 9/5/2017) (Signed by Judge Jesse M. Furman on 7/24/2017) (ras)

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Petitioner: Adolf Gutt
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Respondent: Thomas Griffin
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