Smith v. State of New York et al
| New York State Department of Corrections Secretary |
| Patrick Ricardo Smith |
| State of New York |
| 1:2013cv08423 |
| November 22, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Lisa Margaret Smith |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
70
OPINION & ORDER: For these reasons, the Petitioner's requests are DENIED. The Clerk of the Court is directed to mail a copy of this Opinion to Petitioner at his address on the docket and to show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/24/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
55
OPINION & ORDER: For the reasons stated above and in its September 5, 2017 Opinion, the Court reiterates its finding that a reconstruction hearing should be attempted. The writ of habeas corpus is held in abeyance. The parties are directed to consult with each other and submit in writing to the Court on or before August 24, 2018, an agreed-upon date when the reconstruction hearing discussed above can be held, where trial counsel for Petitioner and the prosecutor for the County shall be in attend ance to provide testimony. In the alternative, Respondent may provide, in writing, good cause demonstrating the need for additional time to coordinate such a hearing. While the Court is of the opinion that, after entry of a final order in this matter , Petitioner will have presented a constitutional claim the resolution of which "reasonable jurists" could find "debatable"-warranting the issuance of a certificate of appealability, see Miller-El v. Cockrell, 537 U.S. 322, 338 (2 003)-a certificate will not issue at this juncture because an appeal of this interim order would be premature in light of the hearing ordered above. See 28 U.S.C.§ 2253(a). Additionally, 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, and therefore in forma pauperis status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Further, the Clerk of Court is respectfull y directed to amend the case caption as indicated in footnote I of this Court's Opinion and Order to substitute the following parties as Respondents: Barbara Underwood, Attorney General for the State of New York, and Timothy McKoy, Administrator of Franklin Correctional Center. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/30/2018). Party Barbara Underwood, Attorney General for the State of New York, Timothy McKoy and Administrator of Franklin Correctional Center, Barbara Underwood, Attorney General for the State of New York, Administrator of Franklin Correctional Center and Timothy McKoy added. Party New York State Department of Corrections Secretary and State of New York terminated. (ama) Modified on 7/30/2018 (ama).
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Filing
45
OPINION & ORDER adopting in part 38 Report and Recommendation; terminating 34 MOTION to Dismiss filed by Patrick Ricardo Smith, terminating 27 MOTION to Dismiss filed by Patrick Ricardo Smith, terminating 29 MOTION to Dismiss filed by Patrick Ricardo Smith. For the reasons stated above, the Court ADOPTS in part the Report and Recommendation as described above. Resolution of the petition for a writ of habeas corpus is held in abeyance. The parties are OR DERED to consult with each other and submit in writing to the Court on or before September 26, 2017, an agreed-upon date when the reconstruction hearing discussed above can be held, where trial counsel for Petitioner and the prosecutor for the County shall be in attendance to provide testimony. In the alternative, Respondents may provide, in writing, good cause demonstrating the need for additional time to coordinate such a hearing. While the Court is of the opinion that after entry of a final order in this matter Petitioner will have presented a constitutional claim the resolution of which "reasonable jurists" could find "debatable"-warranting the issuance of a certificate of appealability, see Miller-El v. Cockrell, 537 U.S. 322, 338 (2003)-a certificate will not issue at this juncture because an appeal of this interim order would be premature in light of the hearing ordered above. See 28 U.S.C. § 2253(a). Additionally, th e Court certifies pursuant to 18 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate all pending motions. (Signed by Judge Nelson Stephen Roman on 9/5/2017) Copies Mailed By Chambers. (mro)
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