Gabbidon v. Lee

Gabbidon v. Lee

Petitioner:	Craig E. Gabbidon
Respondent:	William A. Lee
Case Number:	1:2018cv02248
Filed:	March 13, 2018
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Ulster
Presiding Judge:	Vincent L. Briccetti
Presiding Judge:	Judith C. McCarthy
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
May 16, 2022	Filing 35 CLERK'S JUDGMENT re: 34 Order Adopting Report and Recommendations in favor of William A. Lee against Craig E. Gabbidon. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 16, 2022, the Court has adopted the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is DENIED. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not i ssue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. SeeCoppedge v. United States, 369 U.S. 438, 44445 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/16/2022) (Attachments: # 1 Right to Appeal) (km)
May 5, 2020	Filing 29 OPINION AND ORDER. For the foregoing reasons, Petitioner's motion to amend his Petition to add claims of (i) denial of counsel during arraignment, (ii) prosecutorial misconduct, and (iii) Brady violations is denied. In addition, Plaintiff's motion to amend his Petition to add claims of (i) denial of effective assistance of appellate counsel, and (ii) denial of due process of resident aliens is also denied because they are already before the Court. Finally, Petitioner's request for a stay of his Petition is denied. A copy of this Opinion and Order will be mailed to the pro se Petitioner by Chambers. So ordered. (Signed by Magistrate Judge Judith C. McCarthy on 5/5/2020) (rjm)

Date Filed

Document Text

May 16, 2022

Filing 35 CLERK'S JUDGMENT re: 34 Order Adopting Report and Recommendations in favor of William A. Lee against Craig E. Gabbidon. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 16, 2022, the Court has adopted the R&R as the opinion of the Court, and the petition for a writ of habeas corpus is DENIED. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not i ssue. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. SeeCoppedge v. United States, 369 U.S. 438, 44445 (1962); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/16/2022) (Attachments: # 1 Right to Appeal) (km)

May 5, 2020

Filing 29 OPINION AND ORDER. For the foregoing reasons, Petitioner's motion to amend his Petition to add claims of (i) denial of counsel during arraignment, (ii) prosecutorial misconduct, and (iii) Brady violations is denied. In addition, Plaintiff's motion to amend his Petition to add claims of (i) denial of effective assistance of appellate counsel, and (ii) denial of due process of resident aliens is also denied because they are already before the Court. Finally, Petitioner's request for a stay of his Petition is denied. A copy of this Opinion and Order will be mailed to the pro se Petitioner by Chambers. So ordered. (Signed by Magistrate Judge Judith C. McCarthy on 5/5/2020) (rjm)

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Petitioner: Craig E. Gabbidon
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Respondent: William A. Lee
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