Gumbs v. Stanford

S.D. New York

Gumbs v. Stanford

DecidedSeptember 12, 2023

Docket1:22-cv-04659

StatusUnknown

This text of Gumbs v. Stanford (Gumbs v. Stanford) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gumbs v. Stanford, (S.D.N.Y. 2023).

Pincite

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn KX SECUNDA GUMBS, Plaintiff, 22 CIVIL 4659 (VEC) -against- JUDGMENT TINA M. STANFORD, CHAIRPERSON, NEW YORK STATE BOARD OF PAROLE, Defendant. wn It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 12, 2023, the Court ADOPTS the Report and Recommendation in full. Pursuant to 28 U.S.C. § 2253, the Court issues a certificate of appealability as to whether Petitioner has demonstrated that the Appellate Division's harmless- error analysis was an unreasonable application of federal law and that the erroneously admitted evidence at trial had a substantial and injurious effect on the verdict. Petitioner is also granted in forma pauperis status for the purposes of any appeal. See Coppedge v. United States, 369 US. 438, 445-46 (1962) (concluding that an appeal may be taken in forma pauperis if made in "good faith"); Laboriel v. Lee, 2021 WL 76170, at *6 (S.D.N.Y. Jan. 7, 2021) (issuing a certificate of appealability and granting in forma pauperis status), affd, 2022 WL 4479527 (2d Cir. Sept. 27, 2022); accordingly, the case is closed. DATED: New York, New York September 12, 2023

RUBY J. KRAJICK Clerk of Court BN: Macrll Deputy Clerk

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn KX SECUNDA GUMBS, Plaintiff, 22 CIVIL 4659 (VEC) -against- JUDGMENT TINA M. STANFORD, CHAIRPERSON, NEW YORK STATE BOARD OF PAROLE, Defendant. wn It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 12, 2023, the Court ADOPTS the Report and Recommendation in full. Pursuant to 28 U.S.C. § 2253, the Court issues a certificate of appealability as to whether Petitioner has demonstrated that the Appellate Division's harmless- error analysis was an unreasonable application of federal law and that the erroneously admitted evidence at trial had a substantial and injurious effect on the verdict. Petitioner is also granted in forma pauperis status for the purposes of any appeal. See Coppedge v. United States, 369 US. 438, 445-46 (1962) (concluding that an appeal may be taken in forma pauperis if made in "good faith"); Laboriel v. Lee, 2021 WL 76170, at *6 (S.D.N.Y. Jan. 7, 2021) (issuing a certificate of appealability and granting in forma pauperis status), affd, 2022 WL 4479527 (2d Cir. Sept. 27, 2022); accordingly, the case is closed. DATED: New York, New York September 12, 2023

RUBY J. KRAJICK Clerk of Court BN: Macrll Deputy Clerk

Cite This Page — Counsel Stack

Bluebook (online)

Gumbs v. Stanford, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gumbs-v-stanford-nysd-2023.

Opinion

Related

Cite This Page — Counsel Stack