Ramirez v. Superintendent of Shawangunk Correctional Facility

Justia Dockets & Filings Second Circuit New York Southern District Ramirez v. Superintendent of Shawangunk Correctional Facility

Ramirez v. Superintendent of Shawangunk Correctional Facility

Petitioner:	George Ramirez
Respondent:	Superintendent of Shawangunk Correctional Facility
Case Number:	1:2017cv07185
Filed:	September 21, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Paul A. Engelmayer
Presiding Judge:	Henry B. Pitman
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 6, 2019	Filing 17 OPINION AND ORDER adopting 13 Report and Recommendations: For the foregoing reasons and the reasons stated by Judge Pitman in the Report, the Court denies the petition for habeas corpus. Consistent with Judge Pitman's recommendation, the deni al of Ramirez's PVFO claim is with prejudice, and the denial of his ineffective assistance of counsel claims is without prejudice. In recognition of the fact that the Second Circuit has not yet defined the contours of the "good cause" standard under Rhines, the Court issues a certificate of appealability. The Clerk of Court is respectfully directed to mail a copy of this Opinion to petitioner's address on record and to close this case. (Signed by Judge Paul A. Engelmayer on 8/6/2019) (jwh) Transmission to Appeals Clerk. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

August 6, 2019

Filing 17 OPINION AND ORDER adopting 13 Report and Recommendations: For the foregoing reasons and the reasons stated by Judge Pitman in the Report, the Court denies the petition for habeas corpus. Consistent with Judge Pitman's recommendation, the deni al of Ramirez's PVFO claim is with prejudice, and the denial of his ineffective assistance of counsel claims is without prejudice. In recognition of the fact that the Second Circuit has not yet defined the contours of the "good cause" standard under Rhines, the Court issues a certificate of appealability. The Clerk of Court is respectfully directed to mail a copy of this Opinion to petitioner's address on record and to close this case. (Signed by Judge Paul A. Engelmayer on 8/6/2019) (jwh) Transmission to Appeals Clerk. Transmission to Orders and Judgments Clerk for processing.

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Petitioner: George Ramirez
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Respondent: Superintendent of Shawangunk Correctional Facility
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