Ortiz-Rivera v. Caro et al
| Rafael Ortiz-Rivera |
| Nicanor Caro and Cesar Miranda |
| 3:2015cv02216 |
| September 2, 2015 |
| US District Court for the District of Puerto Rico |
| San Juan Office |
| Toa Baja |
| Aida M. Delgado-Colon |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
42
OPINION AND ORDER re [ 35 MOTION to Dismiss for Failure to State a Claim pursuant to Fed.R.Civ.P. 12(b)(6) filed by Cesar Miranda, Nicanor Caro. 20 Amended MOTION to Set Aside , Vacate or Correct Sentence Under 28 U.S.C. § 22 54 filed by Rafael Ortiz-Rivera. The Puerto Rico Department of Justice's motion to dismiss under Fed. R. Civ. P. 12(b)(6), ECF No. 35, is DENIED; Ortiz's petition for habeas relief under Section 2254, including his request for a hearin g before this Court, ECF No. 20, is DENIED; and the petitioner is GRANTED a Certificate of Appealability. The Clerk of the Court is to ENTER JUDGMENT DISMISSING THE INSTANT CASE WITH PREJUDICE. Signed by U.S. District Judge Aida M. Delgado-Colon on 9/28/2018.(wm)
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