Jimenez v. Lilley
| Rafael Jimenez |
| Lynn Lilley |
| 1:2016cv08545 |
| November 2, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sullivan |
| James C. Francis |
| Alison J. Nathan |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
78
CLERK'S JUDGMENT re: 77 Memorandum & Opinion, in favor of Tina M. Stanford against Rafael Jimenez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 15, 2021, AEDP A limits this Court's review of a state habeas decision to whether the state court made an unreasonable determination of fact or law. The Court cannot say the state court that rejected Jimenez's actual-innocence and Brady claims so grievous ly erred. It thus DENIES his petition for a writ of habeas corpus. The Court finds that Jimenez has made a substantial showing of the denial of a constitutional right on his actual-innocence claim but not on his Brady claim, and so issues a certifica te of appealability limited to his actual-innocence claim. See Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005) (per curiam); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/15/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
51
OPINION AND ORDER: re: 31 Report and Recommendations. For the foregoing reasons, the Court DENIES Respondent's objections and adopts the Report and Recommendation in its entirety. As Petitioner has passed through the actual innocence gatewa y, the Court will proceed to consider the merits of his petition for a writ of habeas corpus. Accordingly, the Court will hold a scheduling conference on June 21, 2018 at 3 P.M. The parties must file a joint letter by June 14, 2018 setting forth their procedural proposal for considering the merits of Mr. Jimenez's petition. So Ordered. (Signed by Judge Alison J. Nathan on 6/7/2018) (js)
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Filing
31
REPORT AND RECOMMENDATION re: 1 Petition for Writ of Habeas Corpus filed by Rafael Jimenez. For the reasons set forth above, I recommend that Mr. Jimenez be allowed to pass through the actual innocence gateway to have the merits of his claims heard despite his failure to timely file his habeas petition. However, due to the limited scope of the evidentiary hearing, I decline to address the merits of such claims in this Report and Recommendation. Pursuant to 28 U.S.C. § 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Alison J. Nathan, Room 2102, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (Objections to R&R due by 10/24/2017.) (Signed by Magistrate Judge James C. Francis on 10/10/2017) Copies Transmitted this Date By Chambers. (anc)
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| Petitioner: Rafael Jimenez | |
| Represented By: | Glenn Andrew Garber |
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| Respondent: Lynn Lilley | |
| Represented By: | Nancy Darragh Killian |
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