Cain v. Herbert
| New York Eastern District Court | |
| Case #: | 1:02-cv-03956 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jul 03, 2002 |
| Terminated: | Dec 29, 2006 |
Petitioner
Almein Cain
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Respondent
Vincent T. Herbert
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GPO
Oct 26 2005
MEMORANDUM AND ORDER: The circuit court held that, for purposes of determining the timeliness of Cain's habeas petition, his state-court coram nobis petition is to be deemed filed on the date it was delivered to prison authorities for mailing. Thus, this Court must (1) determine that date and (2) decide whether, using that date, Cain's habeas petition was timely. Having concluded that it is timely, the Court hereby reinstates Cain's habeas petition. So Ordered. (Ordered by Judge Frederic Block on 10/20/2005) C/M by Chambers. (Latka-Mucha, Wieslawa) |
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GPO
Nov 23 2005
ORDER: Application for an extension until 12/21/05 is granted. (Endorsed on letter from John Castellano,Esq. requesting an extension of 30 days to respond to the habeas petition). c/m by chambers. Ordered by Judge Frederic Block on 11/22/05. (Williams-Jackson, Sandy) |
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GPO
Dec 19 2006
MEMORANDUM AND ORDER: The petition is denied. A certificate of appealability will not issue because Cain has failed to make a substantial showing of the denial of a federal right. See 28 U.S.C. sec. 2253. So Ordered. Ordered by Judge Frederic Block, on 12/15/2006. C/M by Chambers. Fwd. for Judgment. (Latka-Mucha, Wieslawa) |