Serrano v. Royce
| 1:2020cv06660 |
| August 27, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing
21
ORDER ADOPTING REPORT AND RECOMMENDATION for 20 Report and Recommendations. Upon a careful and complete review of the R&R, the Court finds that Magistrate Judge McCarthy committed no clear error in concluding: (i) that federal habeas review was not available for evidentiary rulings made by the state trial court with respect to the photographs of the victims body and the messages recovered from Petitioners phone; (ii) that Petitioners claim that the state grand jury proceedings were defectiv e is not cognizable on federal habeas review; and (iii) with respect to the photo array, Ms. Coltons identification of Petitioner was independently reliable even if the photo array was unduly suggestive. The Court finds no clear error in Magistrate J udge McCarthys thorough and well-reasoned analysis, and adopts the R&R in its entirety for the reasons set forth therein. Accordingly, the Amended Petition is DISMISSED. The Court further holds that because reasonable jurists would not find it debata ble that Petitioner has failed to demonstrate by a substantial showing that he was denied a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.The Clerk of the Court is respectfully directed to mail a copy of this Order to Petitioner and close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/25/2024) (jca)
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Filing
19
ORDER. For the foregoing reasons, Petitioner's application for a stay is denied. The Clerk of Court is respectfully requested to terminate the pending motion, (Docket No. 16), and to mail a copy of this Order to the pro se Petitioner. So ordered . re: 16 LETTER addressed to Judge Philip M. Halpern from Carlos Serrano dated 2/8/2021 re: letter requesting stay. Document filed by Carlos Serrano. (Signed by Magistrate Judge Judith C. McCarthy on 4/21/2021) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing
4
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. Petitioner is directed to file an amended petition containing the information specified above. The amended petition must be subm itted to the Clerk's Office within sixty days of the date of this order, be captioned as an Amended Petition and bear the same docket number as this order. An Amended Petition Under 28 U.S.C. § 2254 form is attached to this order, which Pe titioner should complete as specified above. Once submitted, the amended petition shall be reviewed for substantive sufficiency, and then, if proper, the case will be reassigned to a district judge in accordance with the procedures of the Clerk' s Office. If Petitioner fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the petition will be denied. Because Petitioner has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. (Signed by Judge Louis L. Stanton on 8/27/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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