Morel v. Smith

Morel v. Smith

Plaintiff:	Jose Morel
Defendant:	Brandon Smith
Case Number:	1:2016cv08149
Filed:	October 17, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Greene
Presiding Judge:	George B. Daniels
Presiding Judge:	Gabriel W. Gorenstein
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
October 12, 2017	Filing 20 MEMORANDUM DECISION AND ORDER adopting 19 Report and Recommendations: Pro se Petitioner Jose Morel filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging the following deficiencies in the state court action findi ng him guilty of first degree assault: (1) the prosecutor failed to inform the grand jury the victim was in possession of a weapon and failed to inform the jury of the justification defense; (2) the state court erred when it rejected Morel's sec tion 330.30(1) motion as untimely; and (3) that by withholding the truth from the grand jury, the prosecutor committed a Brady violation. (Petition ("Pet."), ECF No. 2, at 5, 7, 8-9.) Before this Court is Magistrate Judge Gabriel Gorenstein 's July 27, 2017 Report and Recommendation ("Report," ECF No. 19), recommending that the petition be denied. (Report at 12.) Magistrate Judge Gorenstein advised the parties that failure to file timely objections to the Report would con stitute a waiver of those objections on appeal. (Report at 12-13.) No objection to the Report has been filed. Accordingly, the petition for a writ of habeas corpus is DENIED. The Clerk of Court is directed to close this case. (Signed by Judge George B. Daniels on 10/12/2017) (jwh)

Date Filed

Document Text

October 12, 2017

Filing 20 MEMORANDUM DECISION AND ORDER adopting 19 Report and Recommendations: Pro se Petitioner Jose Morel filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging the following deficiencies in the state court action findi ng him guilty of first degree assault: (1) the prosecutor failed to inform the grand jury the victim was in possession of a weapon and failed to inform the jury of the justification defense; (2) the state court erred when it rejected Morel's sec tion 330.30(1) motion as untimely; and (3) that by withholding the truth from the grand jury, the prosecutor committed a Brady violation. (Petition ("Pet."), ECF No. 2, at 5, 7, 8-9.) Before this Court is Magistrate Judge Gabriel Gorenstein 's July 27, 2017 Report and Recommendation ("Report," ECF No. 19), recommending that the petition be denied. (Report at 12.) Magistrate Judge Gorenstein advised the parties that failure to file timely objections to the Report would con stitute a waiver of those objections on appeal. (Report at 12-13.) No objection to the Report has been filed. Accordingly, the petition for a writ of habeas corpus is DENIED. The Clerk of Court is directed to close this case. (Signed by Judge George B. Daniels on 10/12/2017) (jwh)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Morel v. Smith
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Jose Morel
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Brandon Smith
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?