Castro v. LaManna
| Mario Castro |
| Jamie LaManna |
| 1:2018cv03315 |
| April 17, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Ronnie Abrams |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
35
AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION. for 26 Report and Recommendations, 34 Motion for Report and Recommendations filed by Jamie LaManna. For the foregoing reasons, the Court adopts the Report and Recommendation in its entirety. Accordingly, the petition for a writ of habeas corpus is denied, and the action is dismissed. The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/10/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing
30
ORDER ADOPTING REPORT AND RECOMMENDATION: for 26 Report and Recommendation. As no objections to the Report were filed, the Court has reviewed Judge Aaron's Report for clear error. The Court finds no error and thus adopts the thorough and well -reasoned Report in its entirety. Accordingly, the Amended Petition for a writ of habeas corpus is denied, and the action is dismissed. Because the Amended Petition makes no substantial showing of a denial of a constitutional right, the Court will no t issue a certificate of appealability. 28 U.S.C. § 2253(c)(2). The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/28/2020) (ama) Transmission to Pro Se Assistants for processing.
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Filing
28
ORDER:In light of Petitioner's pro se status and the current COVID-19 crisis, the Court will extend his time to file, written objections to the Report. Accordingly, no later than May 12, 2020, Petitioner shall file any written objections. Mo reover, in light of the current global health crisis, parties proceeding pro se are encouraged to submit all filings by email to Temporary_Pro_Se_Filing@nysd.uscourts.gov. Pro se parties also are encouraged to consent to receive all court doc uments electronically. A consent to electronic service form is available on the Court's website. Pro se parties who are unable to use email may submit documents by regular mail or in person at the drop box location at the U.S. Courthouses in Manhattan (500 Pearl Street) and White Plains (300 Quarropas Street). For more information, including instructions on this new email service for pro se parties, please visit the Court's website at nysd.uscourts.gov. Respondent is directed to mail a copy of this Order to Petitioner and file proof of service on the docket no later than April 28, 2020., Objections to R&R due by 5/12/2020 (Signed by Judge Ronnie Abrams on 4/21/2020) (rj)
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Filing
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MEMORANDUM OPINION & ORDER: Accordingly, it denies his motion for a stay. When a habeas petition includes both exhausted and unexhausted claims, a court is left with two options: to either dismiss the entire petition, or to give the petitioner an o pportunity to amend the petition to exclude the unexhausted claims. See Rhine, 544 U.S. at 274-78; Taylor, 2009 WL 2634724, at *31. Given that Petitioner has properly exhausted three of his claims, the Court assumes that he does not want his entir e petition dismissed. By February 28, 2019, Petitioner shall thus amend his petition to include only his unexhausted claims. Respondent's opposition to the petition shall be due forty-five days thereafter. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/22/2019) (rj)
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| Petitioner: Mario Castro | |
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| Respondent: Jamie LaManna | |
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