Munir v. State of Rhode Island Superior Court
| Hasim Munir |
| State of Rhode Island Superior Court |
| 1:2022cv00057 |
| February 3, 2022 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 18 JUDGMENT dismissing this civil action. So Ordered by the Clerk of Court on 3/23/2022. (Urizandi, Nissheneyra) |
TEXT ORDER adopting #8 Report and Recommendation ("R. & R."), over Plaintiff's Objection, ECF No. #17 . Plaintiff objects that the R. & R. did not consider the evidence of actual innocence which he submitted to the Court, either directly, or under the standards of House v. Bell, 547 U.S. 518 (2006) and Schlup v. Delo, 513 U.S. 298 (1995). Plaintiff is correct that the Court did not review his evidence of actual innocence, but this was not error. As the R. & R. points out, his claims of actual innocence and ineffective assistance of counsel remain pending in a state court proceeding for post-conviction relief. See R. & R. at 3. While those claims could potentially form the basis of a federal habeas claim, the R. & R. is correct that "a state-court post-conviction petition must be adjudicated to conclusion in the state court (including appeal, if available, to the state's highest court) before the federal court may intervene." R. & R. at 4. Neither House nor Schlup say otherwise. Rather, the "innocence as a gateway" exception allows a court, in narrow circumstances, to excuse a procedural default, which would otherwise bar relief (such as, for example, filing a habeas petition too late). See, e.g., House, 547 U.S. at 536-39 (discussing Schlup, 513 U.S. at 327). The Court did not consider Plaintiff's evidence under House because the rule barring federal interference with state court proceedings is not at all the kind of procedural default treated in House or Schlup. See R. & R. at 4. In fact, the petitioner in House exhausted his state-court post-conviction remedies before filing a federal habeas claim, just as the Court is requiring Plaintiff to do here. Id. at 534. Therefore, the Court ADOPTS the reasoning and conclusions of the R. & R. in full. Defendant's Complaint, ECF No. #1 , is DISMISSED for failure to state any legally viable claim and as frivolous because of its overlap with a similar, recently dismissed case. See 28 U.S.C. 1915(e)(2). His Motion for Leave to Proceed in forma pauperis, ECF No. #3 , is DENIED as MOOT. So Ordered by District Judge William E. Smith on 3/23/2022. (Urizandi, Nissheneyra)
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| Filing 17 OBJECTION to #8 Report and Recommendations filed by Hasim Munir. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 16 EXHIBIT IN SUPPORT by Hasim Munir, State of Rhode Island Superior Court in support of #15 Notice (Other). (Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. |
| Filing 15 NOTICE "to the court" by Hasim Munir (Attachments: #1 Envelope)(Kenny, Meghan) |
| Filing 14 NOTICE "Declaration of Inmate filing" by Hasim Munir (Kenny, Meghan) |
| Filing 13 NOTICE "Consolidation Rule 42" by Hasim Munir (Kenny, Meghan) |
| Filing 12 NOTICE "requesting appointment of counsel" by Hasim Munir (Kenny, Meghan) |
| Filing 11 NOTICE "compel answer/rule 37" by Hasim Munir re #1 Complaint (Kenny, Meghan) |
| Filing 10 NOTICE "request for admission" by Hasim Munir (Attachments: #1 Letter, #2 Envelope)(Kenny, Meghan) |
| Filing 9 NOTICE by Hasim Munir. (Attachments: #1 Envelope)(Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
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Filing 8
REPORT AND RECOMMENDATIONS re #3 MOTION for Leave to Proceed in forma pauperis filed by Hasim Munir, #1 Complaint filed by Hasim Munir Objections to R&R due by 3/21/2022.. I recommend that Plaintiff's complaint (ECF No. 1) be summarily DISMISSED for failure to state any legally viable claim and as frivolous because of the overlap between this new case and the recently dismissed claims in 21-cv-92WES. I also recommend that Plaintiff's IFP application (ECF No. 3) be DENIED as moot. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/7/2022. (Saucier, Martha)
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| Filing 7 NOTICE "proving official record" by Hasim Munir (Kenny, Meghan) |
| Filing 6 NOTICE by Hasim Munir (Attachments: #1 Envelope)(Kenny, Meghan) |
| MOTIONS REFERRED: #3 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| Filing 5 NOTICE to Court Clerk by Hasim Munir (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 4 DEMAND for Trial by Jury by Hasim Munir. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Hasim Munir. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| DOCKET NOTE: Mailed copy(s) of Docket Sheet, Complaint EFC 1, MOTION for Leave to Proceed in forma pauperis EFC 3, DEMAND for Trial by Jury EFC 4, and NOTICE to Court Clerk EFC 5. (DaCruz, Kayla) |
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Filing 2
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $402.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 2/24/2022. So Ordered by District Judge William E. Smith on 2/3/2022. (Simoncelli, Michael)
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Filing 2
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $402.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 2/24/2022. So Ordered by District Judge William E. Smith on 2/3/2022. (Simoncelli, Michael)
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| Filing 1 COMPLAINT, filed by Hasim Munir. (Attachments: #1 Envelope)(Simoncelli, Michael) |
| Filing 1 COMPLAINT, filed by Hasim Munir. (Attachments: #1 Envelope)(Simoncelli, Michael) |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan based upon the indication that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. Related Case Number 21cv92 (Simoncelli, Michael) |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan based upon the indication that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. Related Case Number 21cv92 (Simoncelli, Michael) |
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| Plaintiff: Hasim Munir | |
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