Cortez v. Griffin

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn KX PAUL CORTEZ, Petitioner, 18 CIVIL 766 (PAE)(JLC) -against- JUDGMENT THOMAS GRIFFIN, Respondent. wen eK It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 8, 2024, the Court has adopted the Report, save with the minor modifications noted herein, and it has denied Cortez's petition. Pursuant to 28 ULS.C. § 2253(c), a district court may issue a certificate of appealability in a habeas corpus action under § 2254 "only if the applicant has made a substantial showing of the denial of a constitutional right." Id. § 2253( c ). The district court is required to indicate the "specific issue of issues" that satisfy this showing. Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). For the reasons given above, in particular that Cortez has established performance deficiencies on the part of his trial counsel, the Court finds that Cortez has satisfied this standard with respect to his claims of ineffective assistance of counsel. The Court thus has issued a certificate of appealability on Cortez's Sixth Amendment claims. The Court, however, has declined to issue a certificate of appealability on the balance of Cortez's petition; accordingly, the case is closed. DATED: New York, New York August 9, 2024 DANIEL ORTIZ Acting Clerk of Court BY: KG NGO Deputy Clerk