Williams v. Lamanna

Williams v. Lamanna

Petitioner:	Michael Williams
Respondent:	Jaime Lamanna
Case Number:	1:2018cv02172
Filed:	March 9, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Dutchess
Presiding Judge:	Colleen McMahon
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
March 25, 2024	Filing 16 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations. It is hereby: ORDERED that the R&R, dated October 11, 2023, is ADOPTED in its entirety. ORDERED that the Petition is DISMISSED. ORDERED that because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see 28 U.S.C. § 2253(c)(2); Small v. Orange Cnty. Ct., Prosecutors Off., No. 18- CV-2716, 2020 WL 1082710, at 2 (S.D.N.Y. Mar. 5, 2020) (citing Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 11112 (2d Cir 2000)), and the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, Whitted v. Stallone, No . 11-CV-7569, 2016 WL 1268278, at 1 (S.D.N.Y. Mar. 30, 2016) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962)). It is further: ORDERED that the Clerk of the Court is respectfully directed to close this case and to mail a copy of this Order to Petitioner. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/25/24) (yv) Transmission to Orders and Judgments Clerk for processing.
December 19, 2023	Filing 15 ORDER: Accordingly, the Court will re-mail the R&R to Petitioner. Petitioner is reminded that because the R&R is being served upon him by mailhe shall have seventeen (17) days from receipt of the R&R to file and serve any written objections. See 28 U.S.C. § 636(b) (1)(C); Fed. R. Civ. P. 6(d). Finally, the Court reminds Petitioner that it is his responsibility to notify the Court in writing every time his contact information changes. (See Dkt. No. 6, at 2 ("If your contact informat ion changes, it is your responsibility to notify the court in writing, even if you are incarcerated and transferred to another facility or released from custody.... Your case could be dismissed if you do not notify the court of an address change." (emphasis in original)). If the Court does not receive any objections by the applicable deadline, the Court may issue an order reviewing the R&R only for clear error. See Torres v. Golden Home Furniture Inc., No. 20-CV-4789, 2023 WL 3791807, at 1 (S.D.N.Y. June 2, 2023) (citing Andrews v. LeClaire, 709 F. Supp. 2d 269, 271 (S.D.N.Y. 2010)); accord ExxonMobil Oil Corp. v. TIG Ins. Co., No. 16-CV- 9527, 2022 WL 17070111, at 1 (S.D.N.Y. Nov. 17, 2022). Moreover, as stated in the R&R, (see R&R 4445), Petitioner is reminded that failure to file timely objections to the R&R will preclude later appellate review of any order of judgment that is ultimately rendered. See 28 U.S.C. § 636(b)(1); Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008). (Signed by Judge Kenneth M. Karas on 12/19/2023) (rro)

Date Filed

Document Text

March 25, 2024

Filing 16 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations. It is hereby: ORDERED that the R&R, dated October 11, 2023, is ADOPTED in its entirety. ORDERED that the Petition is DISMISSED. ORDERED that because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see 28 U.S.C. § 2253(c)(2); Small v. Orange Cnty. Ct., Prosecutors Off., No. 18- CV-2716, 2020 WL 1082710, at *2 (S.D.N.Y. Mar. 5, 2020) (citing Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 11112 (2d Cir 2000)), and the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, Whitted v. Stallone, No . 11-CV-7569, 2016 WL 1268278, at *1 (S.D.N.Y. Mar. 30, 2016) (citing Coppedge v. United States, 369 U.S. 438, 445 (1962)). It is further: ORDERED that the Clerk of the Court is respectfully directed to close this case and to mail a copy of this Order to Petitioner. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/25/24) (yv) Transmission to Orders and Judgments Clerk for processing.

December 19, 2023

Filing 15 ORDER: Accordingly, the Court will re-mail the R&R to Petitioner. Petitioner is reminded that because the R&R is being served upon him by mailhe shall have seventeen (17) days from receipt of the R&R to file and serve any written objections. See 28 U.S.C. § 636(b) (1)(C); Fed. R. Civ. P. 6(d). Finally, the Court reminds Petitioner that it is his responsibility to notify the Court in writing every time his contact information changes. (See Dkt. No. 6, at 2 ("If your contact informat ion changes, it is your responsibility to notify the court in writing, even if you are incarcerated and transferred to another facility or released from custody.... Your case could be dismissed if you do not notify the court of an address change." (emphasis in original)). If the Court does not receive any objections by the applicable deadline, the Court may issue an order reviewing the R&R only for clear error. See Torres v. Golden Home Furniture Inc., No. 20-CV-4789, 2023 WL 3791807, at *1 (S.D.N.Y. June 2, 2023) (citing Andrews v. LeClaire, 709 F. Supp. 2d 269, 271 (S.D.N.Y. 2010)); accord ExxonMobil Oil Corp. v. TIG Ins. Co., No. 16-CV- 9527, 2022 WL 17070111, at *1 (S.D.N.Y. Nov. 17, 2022). Moreover, as stated in the R&R, (see R&R 4445), Petitioner is reminded that failure to file timely objections to the R&R will preclude later appellate review of any order of judgment that is ultimately rendered. See 28 U.S.C. § 636(b)(1); Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008). (Signed by Judge Kenneth M. Karas on 12/19/2023) (rro)

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: Williams v. Lamanna
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Michael Williams
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 ]
Respondent: Jaime Lamanna
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?