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06-1725 - Wright v. Rivera


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06-1725 - Wright v. Rivera
September 25, 2007
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ORDER - Petitioner is granted leave to file an amended petition within 30 days after he has exhausted his proposed claim in state court. Petitioner's application for a stay of his habeas petition is granted and the petition is stayed to allow petitioner to exhaust his proposed claim. See order for further details. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 9/25/07. cm (Brienza, Lauren)
November 30, 2007
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ORDER AND OPINION: Petitioners application to amend the stay previously granted in this action and, in effect, for leave to amend his petition to assert a proposed claim that his resentencing was illegal in violation of New York Criminal Procedure Law ยง 440.40 is denied. In addition, the prior order dated September 25, 2007 granting petitioner leave to amend his petition to assert a claimchallenging the determination of the DOC to add five (5) years post-release supervision to his sentence and a stay of this proceeding is sua sponte vacated and this proceeding will proceed on his original petition.. Ordered by Judge Sandra J. Feuerstein on 11-29-2007. (C/M) pro-se petitioner (Credle, Rita)
September 10, 2008
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OPINION AND ORDER: Petitioner's petition for a writ of habeas corpus is denied in its entirety and the proceeding is dismissed. Since petitioner has failed to make a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. Petitioner has a right to seek a certificate of appealability from the Court of Appeals for the Second Circuit. The Clerk of the Court is directed to close this case. SO ORDERED. Ordered by Judge Sandra J. Feuerstein on 9/10/08. (Brienza, Lauren)