Garcia v. Griffin et al
| Joseph Garcia |
| Thomas Griffin and Eric T. Scheiderman |
| 1:2016cv02584 |
| April 5, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Andrew L. Carter |
| General |
| 28 U.S.C. ยง 2254 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
69
MEMORANDUM AND ORDER re: 40 MOTION for Reconsideration re; 34 Clerk's Judgment,,,. filed by Joseph Garcia, 45 MOTION to Reopen Case. filed by Joseph Garcia. Accordingly, Petitioner's motions for relief from judgement and to reopen the case are denied. This resolves ECF Nos. 40, 45. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/22/2021) (rj)
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Filing
44
ORDER: The Court is in receipt of Petitioner's letters. (ECF Nos. 40, 43). Accordingly, Respondent shall file a response by October 27, 2020. (Responses due by 10/27/2020) (Signed by Judge Andrew L. Carter, Jr on 10/13/2020) (rro)
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Filing
36
ORDER: By Opinion and Order issued on October 4, 2019, this Court adopted Judge Lehrburger's Report and Recommendation in full, denying Petitioner's Petition for a Writ of Habeas Corpus in its entirety, dismissing the case with prejudice . As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not be issued. See 28 U.S.C. § 2253(c)(2). The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this judgment on the merits would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438,445 (1962); accordingly, the case is closed. (Signed by Judge Andrew L. Carter, Jr on 2/5/2020) (rj)
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Filing
33
OPINION AND ORDER for 24 Report and Recommendations. Accordingly, the Court rejects Petitioner's objections based on his actual innocence claim. For the reasons stated above, Judge Lehrburger's Report and Recommendation is adopted in fu ll, and Petitioner's Petition for Writ of Habeas Corpus is denied in its entirety, and dismissed with prejudice. Petitioner's motions for an evidentiary hearing and discovery are also DENIED as they are now moot. The Clerk of the Court is respectfully directed to enter judgment in favor of the Respondent and to close the case. (Signed by Judge Andrew L. Carter, Jr on 10/4/2019) Copies Mailed By Chambers. (rj) Transmission to Orders and Judgments Clerk for processing.
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