Rios v. Kaplan

Rios v. Kaplan

Petitioner:	Maria Rios
Respondent:	Saban Kaplan
Case Number:	1:2017cv00314
Filed:	January 11, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	Ronald L. Ellis
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
July 6, 2023	Filing 46 CLERK'S JUDGMENT re: 45 Order Adopting Report and Recommendations in favor of Saban Kaplan against Maria Rios. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Order dated July 5, 2023, Petitioner' ;s objection to the Report and Recommendation is denied in its entirety. The Court adopts the Report in all respects other than its consideration of the merits of Petitioner's second and fourth claims, as consideration of these claims is barred by Plaintiff's failure to exhaust. Judgment is entered accordingly. The order resolves docket entry no. 39. Petitioner may not appeal the order dated July 5, 2023 unless "a circuit justice or judge issues a certificate of appealability.&quo t; 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally Unit ed States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). The Court finds that Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability. (Signed by Clerk of Court Ruby Krajick on 7/6/2023) (Attachments: # 1 Appeal Package) (tp)
July 5, 2023	Filing 45 ORDER ADOPTING REPORT & RECOMMENDATION for 38 Report and Recommendations. For the reasons stated above, Petitioner's objection to the Report and Recommendation is denied in its entirety. The Court adopts the Report in all respects other th an its consideration of the merits of Petitioner's second and fourth claims, as consideration of these claims is barred by Plaintiff's failure to exhaust. The Clerk of Court is requested to enter judgment accordingly. This order resolves docket entry no. 39. Petitioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certifi cate of appealability). The Court finds that Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability. SO ORDERED. Copy mailed to: Maria Rios, #11-G-0234, Bedford Hills Correctional Facility, 247 Harris Rd PO Box 1000, Bedford Hills, NY 10507-2499. (Signed by Judge Laura Taylor Swain on 7/5/2023) Copies Mailed By Chambers. (vfr) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

July 6, 2023

Filing 46 CLERK'S JUDGMENT re: 45 Order Adopting Report and Recommendations in favor of Saban Kaplan against Maria Rios. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasonsstated in the Court's Order dated July 5, 2023, Petitioner' ;s objection to the Report and Recommendation is denied in its entirety. The Court adopts the Report in all respects other than its consideration of the merits of Petitioner's second and fourth claims, as consideration of these claims is barred by Plaintiff's failure to exhaust. Judgment is entered accordingly. The order resolves docket entry no. 39. Petitioner may not appeal the order dated July 5, 2023 unless "a circuit justice or judge issues a certificate of appealability.&quo t; 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally Unit ed States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certificate of appealability). The Court finds that Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability. (Signed by Clerk of Court Ruby Krajick on 7/6/2023) (Attachments: # 1 Appeal Package) (tp)

July 5, 2023

Filing 45 ORDER ADOPTING REPORT & RECOMMENDATION for 38 Report and Recommendations. For the reasons stated above, Petitioner's objection to the Report and Recommendation is denied in its entirety. The Court adopts the Report in all respects other th an its consideration of the merits of Petitioner's second and fourth claims, as consideration of these claims is barred by Plaintiff's failure to exhaust. The Clerk of Court is requested to enter judgment accordingly. This order resolves docket entry no. 39. Petitioner may not appeal this order unless "a circuit justice or judge issues a certificate of appealability." 28 U.S.C.S. § 2253(c)(1) (LexisNexis 2008). A certificate will be granted "if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C.S. § 2253(c)(2) (LexisNexis 2008); see generally United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997) (discussing the standard for issuing a certifi cate of appealability). The Court finds that Petitioner will not be able to sustain this burden. The Court declines to issue a certificate of appealability. SO ORDERED. Copy mailed to: Maria Rios, #11-G-0234, Bedford Hills Correctional Facility, 247 Harris Rd PO Box 1000, Bedford Hills, NY 10507-2499. (Signed by Judge Laura Taylor Swain on 7/5/2023) Copies Mailed By Chambers. (vfr) Transmission to Orders and Judgments Clerk for processing.

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Petitioner: Maria Rios
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Respondent: Saban Kaplan
Represented By:	Nancy Darragh Killian
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