Cunny v. Bell
| New York Eastern District Court | |
| Judge: | Denny Chin |
| Case #: | 1:19-cv-07320 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Dec 26, 2019 |
| Terminated: | Mar 05, 2024 |
| Last checked: Friday Jan 17, 2020 1:09 AM EST |
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Petitioner
Charles Cunny
# 14-A-5258 Clinton Correctional Facility 1156 Rt. 374 P.O. Box 2001
Dannemora, NY 12929 |
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Respondent
E. Bell
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Represented By
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| Docket last updated: 08/12/2024 11:59 PM EDT |
| Wednesday, April 03, 2024 | ||
| 23 | 23
appeal
Notice of Appeal
Wed 04/03 3:59 PM
NOTICE OF APPEAL as to21 Memorandum & Opinion,,22 Clerk's Judgment, by Charles Cunny. (VJ) |
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appeal
Electronic Index to Record on Appeal
Wed 04/03 4:01 PM
Electronic Index to Record on Appeal sent to US Court of Appeals.23 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
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| Tuesday, March 05, 2024 | ||
| 22 | 22
order
Judgment - Clerk
Tue 03/05 11:54 AM
CLERK'S JUDGMENT: that the petition is denied; that no certificate of appealability shall issue, See 28 U.S.C. § 2253; and that pursuant to 28 U.S.C. § 1915(a)(3), any appeal taken from this decision and order would not be taken in good faith. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 3/5/2024. (copy of appeals packet and judgment mailed to pro se). (JP) |
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| Monday, March 04, 2024 | ||
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21
pgs
order
Memorandum & Opinion
Mon 03/04 3:00 PM
MEMORANDUM DECISION, Cunny has failed to show any basis for relief under 28 U.S.C. § 2254. Accordingly, the Petition is denied. Additionally, I decline to issue a certificate of appealability because Cunny has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). Pursuant to 28 U.S.C. § 1915(a)(3), I certify that any appeal taken from this decision and order would not be taken in good faith. So Ordered by Circuit Judge VJ-Denny Chin on 3/4/2024. (TLH) Modified to correct typo on 3/4/2024 (TLH) |
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| Thursday, February 29, 2024 | ||
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misc
Letter
Thu 02/29 4:05 PM
Letter reporting on status of petitioner's 440 motion by E. Bell (Joyce, Jean) |
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Att: 1
Affidavit of Service
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| 19 | 19
notice
Notice of Appearance
Thu 02/29 3:57 PM
NOTICE of Appearance by Jean M. Joyce on behalf of E. Bell (aty to be noticed) (Joyce, Jean) |
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Att: 1
Affidavit of Service
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| Friday, February 02, 2024 | ||
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utility
Case Assigned/Reassigned
Fri 02/02 6:15 PM
Case Reassigned to Circuit Judge VJ-Denny Chin. Judge Diane Gujarati no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AM) |
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| Tuesday, January 09, 2024 | ||
| 18 | 18
misc
Letter
Tue 01/09 3:15 PM
Letter from Charles Cunny: I would like to know if the court has received my change of address letter, and I would also like to know if the court has rendered any decision in my case as of the date of this letter. (MB) |
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| Wednesday, July 21, 2021 | ||
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order
Order(Other)
Wed 07/21 10:02 AM
ORDER re14 Respondent's Status Report -- In light of Respondent's status report, Petitioner is DIRECTED to file a letter with the Court by August 10, 2021, informing the Court whether he has filed, or intends to file, a new 440.10 motion to exhaust his claim of ineffective assistance of counsel based on his trial counsel's alleged failure to timely give alibi notice. If Petitioner has not filed, and does not intend to file, a new 440.10 motion, Petitioner must also inform the Court whether he no longer seeks review by this Court of the alibi notice claim contained in his Habeas Petition. Ordered by Judge Diane Gujarati on 7/21/2021. (Almonte, Kelly) |
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| Monday, May 24, 2021 | ||
| 16 | 16
misc
Letter
Thu 05/27 12:49 PM
Letter from Charles Cunny to Judge Gujarati dated 5/18/2021 re: proceeding with case. (Herrera, Isaiah) |
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| Monday, May 17, 2021 | ||
| 15 | 15
misc
Letter
Thu 05/20 10:18 AM
Letter from Charles Cunny to Judge Gujarati dated 5/10/2021 attaching the decision from the Appellate Division. (Herrera, Isaiah) |
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| Friday, May 14, 2021 | ||
| 14 | 14
misc
Status Report
Fri 05/14 4:30 PM
STATUS REPORT re CPL 440.10 proceedings in state court by E. Bell (Gillespie, Camille) |
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| Tuesday, May 11, 2021 | ||
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order
Status Report Order
Tue 05/11 7:14 PM
STATUS REPORT ORDER -- Respondent is directed to file a letter by May 21, 2021, updating the Court on the status of Petitioner's 440.10 motion following the King County Supreme Court's January 14, 2021 opinion, and providing Respondent's view on the appropriateness of continuation of the stay in the instant action. Ordered by Judge Diane Gujarati on 5/11/2021. (Almonte, Kelly) |
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| Tuesday, April 27, 2021 | ||
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misc
Letter
Wed 04/28 12:38 PM
Letter from Charles Cunny to Judge Gujarati dated 4/16/2021 re: Status Report (Herrera, Isaiah) |
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| Tuesday, February 16, 2021 | ||
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order
Status Report Order
Tue 02/16 6:11 PM
STATUS REPORT ORDER -- The Court received Petitioner's letter dated January 26, 2021, as well as a copy of the state court's order denying his 440.10 motion. Accordingly, Petitioner is directed to submit another status report to the Court no later than April 26, 2021, updating the Court on whether he appealed the state court's denial of his 440.10 motion and, if applicable, the status of that appeal. The Clerk of Court is respectfully directed to mail a copy of this order to Petitioner. Ordered by Judge Diane Gujarati on 2/16/2021. (Almonte, Kelly) |
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| Monday, February 08, 2021 | ||
| 12 | 12
misc
Status Report
Wed 02/10 10:38 AM
STATUS REPORT regarding 440.10 motion by Charles Cunny. (Herrera, Isaiah) |
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| Wednesday, December 23, 2020 | ||
| 10 | 10
order
Status Report Order
Wed 12/23 5:51 PM
STATUS REPORT ORDER -- On October 2, 2020, this Court directed petitioner to submit a status report to the Court by December 4, 2020, which petitioner failed to do. Petitioner is now directed to submit a status report to the Court by January 22, 2021, updating the Court on the status of his 440.10 motion. The Clerk of Court is respectfully directed to mail a copy of this order to the petitioner. Ordered by Judge Diane Gujarati on 12/23/2020. (Almonte, Kelly) |
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| Thursday, December 17, 2020 | ||
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utility
Case Assigned/Reassigned
Thu 12/17 9:27 AM
Case Reassigned to Judge Diane Gujarati. Judge Ann M Donnelly no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
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| Friday, October 02, 2020 | ||
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order
Order on Motion to Stay Order on Motion for Extension of Time to File Response/Reply
Fri 10/02 4:35 PM
ORDER. The petitioner's request for a stay is granted so that he can exhaust his CPL § 440.10 claim. The petitioner is directed to submit a status report to the Court no later than December 4, 2020, updating the court on the progress of his 440.10 motion. The petitioner's motion for more time to file his reply is denied as moot in light of the stay. The Clerk of Court is respectfully directed to mail a copy of this order to the petitioner. Ordered by Judge Ann M. Donnelly on 10/2/2020. (Strong, Ardis) |
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| Wednesday, September 02, 2020 | ||
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respoth
Reply in Opposition
Fri 09/04 12:51 PM
Affidavit in Reply to Respondent's Opposition filed by Charles Cunny. (Herrera, Isaiah) |
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| Monday, August 31, 2020 | ||
| 8 | 8
motion
Extension of Time to File Response/Reply
Tue 09/01 3:10 PM
MOTION for Extension of Time to File Response/Reply by Charles Cunny. (Herrera, Isaiah) |
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| 7 | 7
motion
Stay
Tue 09/01 1:52 PM
MOTION to Stay and Abeyance by Charles Cunny. (Herrera, Isaiah) |
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Att: 1
Affidavit
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| Thursday, July 30, 2020 | ||
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order
Scheduling Order
Thu 07/30 12:11 PM
SCHEDULING ORDER: The petitioner's reply to the respondent's opposition to his petition5 was due within twenty-one days of the date of his receipt of the respondent's opposition papers. The record reflects that the respondent served his opposition on April 22, 2020. ( See ECF No. 5 at 29.) More than sixty days have passed since service, and the petitioner has not filed a reply or otherwise moved the Court for an extension of time. In light of the petitioner's pro se status, I grant him until August 31, 2020, to submit a reply. If he does not submit a reply by this date, I will consider the petition fully briefed. Ordered by Judge Ann M. Donnelly on 7/30/2020. (Strong, Ardis) |
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| Wednesday, April 22, 2020 | ||
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misc
Response to Order to Show Cause
Wed 04/22 4:57 PM
RESPONSE TO ORDER TO SHOW CAUSE by E. Bell (Gillespie, Camille) |
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Att: 1
Exhibit B,
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Att: 2
Exhibit C,
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Att: 3
Exhibit D,
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Att: 4
Exhibit E
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| 5 | 5
misc
Response to Order to Show Cause
Wed 04/22 4:48 PM
RESPONSE TO ORDER TO SHOW CAUSE by E. Bell (Gillespie, Camille) |
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Att: 1
Exhibit A Part 1 of 3,
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Att: 2
Exhibit A Part 2 of 3,
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Att: 3
Exhibit A Part 3 of 3
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| Wednesday, March 11, 2020 | ||
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order
Scheduling Order
Wed 03/11 1:35 PM
SCHEDULING ORDER: The Court is in receipt of the respondent's4 letter requesting an extension. The respondent's response to the order to show cause is due by April 23, 2020. The petitioner's reply, if any, must be filed with the Court within 21 days of receiving the respondent's response. Ordered by Judge Ann M. Donnelly on 3/11/2020. (Lupo, Brandi) |
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| Monday, March 09, 2020 | ||
| 4 | 4
misc
Letter
Mon 03/09 1:01 PM
Letter requesting extension of time to reply to the Order to Show Cause by E. Bell (Brenner, Michael) |
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| Monday, January 13, 2020 | ||
| 3 | 3
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order to Show Cause
Wed 01/15 4:42 PM
ORDER TO SHOW CAUSE : Petitioner is granted2 leave to proceed in forma pauperis . The Attorney General of the State of New York or the District Attorney of Kings County, as attorney for Respondent, shall show cause before this Court, by the filing of a return to the1 Petition, why a writ of habeas corpus should not be issued. Within sixty (60) days of receipt of this Order to Show Cause, Respondent shall serve a copy of the return on Petitioner herein and file the original thereof with the Court, together with proof of service. Petitioner, within twenty-one (21) days of receipt of a copy of the return, shall file his or her reply, if any, with the Court. SO ORDERED by Judge Ann M. Donnelly. on 1/13/2020. C/mailed to pro se Petitioner. Electronic Service upon Respondents , re: this Order to Show Cause and Petitioner's 1 Petition for a Writ of Habeas Corpus. (Latka-Mucha, Wieslawa) |
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| Thursday, December 26, 2019 | ||
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MOTION for Leave to Proceed in forma pauperis by Charles Cunny. (Davis, Kimberly)
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| 1 | 1
PETITION for Writ of Habeas Corpus , filed by Charles Cunny. (Davis, Kimberly)
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Att: 1
Civil Cover Sheet
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