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12-2867 - McCrary v. Lee


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12-2867 - McCrary v. Lee
February 26, 2013
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OPINION & ORDER denying 3 Motion for Discovery pursuant to 28 U.S.C. 2254(6)(a). CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 2/26/2013. (Florio, Lisa)
October 29, 2013
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ORDER: SO ORDERED that petitioner's motions seeking my recusal from thisproceeding; reconsideration of my March 1, 2013 order; and summary judgment, or leave to move for summary judgment, on his Fourth Amendment claim are denied. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 10/29/2013. (Florio, Lisa)
September 26, 2014
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ORDER denying 24 Motion to Compel the Court to apply Rule 8(b)(6) to respondent's failure to deny petitioners allegations of fabrication against Ciaccio and Lopez in support of his Brady claim and to grant summary judgment since the respondent has failed to raise a factual dispute in its answer. SO ORDERED that petitioner's motion is time-barred and is therefore DENIED.The court certifies that any appeal from this Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 9/26/2014. (Florio, Lisa)
April 27, 2015
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OPINION & ORDER: SO ORDERED that the petition for a writ of habeas corpus is DENIED and the proceeding is dismissed in its entirety. As petitioner has failed to make a substantial showing of the violation of a constitutional right, a certificate of appealability shall not issue. Petitioner has the right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. See 28 U.S.C. ยง 2253. The Clerk of the Court shall enter judgment in favor of respondent, close this case, and serve notices of entry of this Order on all parties in accordance with Rule 77(d)(l) of the Federal Rules of Civil Procedure, including mailing a copy of the Order to petitioner at his last known address. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 4/27/2015. (Florio, Lisa)
March 15, 2016
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OPINION & ORDER granting 40 Motion for Reconsideration. SO ORDERED that to the extent Petitioners motion seeks reconsideration of McCrary I, it is granted, and upon reconsideration the Court adheres to its original determinations therein. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 3/15/2016. (Florio, Lisa)