Rivera v. Kaplan
| Lillian Rivera |
| Sabrina Kaplan |
| 1:2017cv02257 |
| March 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
48
ORDER ADOPTING REPORT AND RECOMMENDATION for 47 Motion for Miscellaneous Relief, filed by Lillian Rivera, 43 Report and Recommendations. For the foregoing reasons, the Court adopts the Report in its entirety and dismisses Rivera's Petition. Because Rivera has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not be issued, in accordance with Judge Netburn's recommendation. See 28 U.S.C. § 2253(c)(2). The Clerk of Court is respectfully directed to terminate the motion at docket number 47 and to close this case. Case Stay Lifted. (Signed by Judge Ronnie Abrams on 8/19/2022) (ate)
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Filing
44
ORDER, On September 16, 2020, the Court received the attached letter from Petitioner, dated August 14, 2020, requesting a 30-day extension of time to file objections to Magistrate Judge Netburn's July 20, 2020 Report and Recommendation recomme nding dismissal of the Petition. Dkt. 43. Petitioner contends she received Judge Netburn's Report and Recommendation on August 3, 2020. The Report and Recommendation provided that the parties "shall have fourteen days from the service of th is Report and Recommendation to file written objections pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure." Id. Petitioner's objections were thus due on August 17, 2020. In light of the delays in the mail, the Court hereby extends Petitioner's date to file objections to October 16, 2020. The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner. SO ORDERED. (Objections to R&R due by 10/16/2020) (Signed by Judge Ronnie Abrams on 9/16/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
16
OPINION AND ORDER re: 3 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g): Here, Petitioner's application describes the efforts she made to obtain counsel in some detail. But without the benefit of the respondent's brief , the Court is unable to evaluate the merit of the petition. Accordingly, the Court denies the application without prejudice. The Court will revisit Petitioner's request sua sponte after the respondent has filed her response. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 3. (Signed by Magistrate Judge Sarah Netburn on 4/16/2018) Copies Mailed By Chambers. (jwh)
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Filing
8
MEMORANDUM OPINION & Order: re: 7 LETTER MOTION for Extension of Time to File Response/Reply and In Opposition to Petitioner's Request for a Stay addressed to Judge Ronnie Abrams from Paul B. Lyons dated June 8, 2017 filed by Sabri na Kaplan. Accordingly, the motion to stay the petition is granted. Petitioner must, however, advise this Court in writing within 30 days after state court exhaustion is complete. If she fails to do so "the stay may later be vacated nunc pro tu nc"-meaning retroactively-"as of the date the stay was entered, and the petition may be dismissed" in certain circumstances. See Zarvela v. Artuz, 254 F.3d 374, 381-82 (2d Cir. 2001). SO ORDERED. (Signed by Judge Ronnie Abrams on 7/13/2017) (ama)
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| Petitioner: Lillian Rivera | |
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| Respondent: Sabrina Kaplan | |
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