Jimenez v. Lilley
This text of Jimenez v. Lilley (Jimenez v. Lilley) 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.
Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Rafwellimene, SS
Plaintiff, 16 CIVIL 8545 (AJN) -against- JUDGMENT Tina M. Stanford, Defendant.
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 15, 2021, AEDPA limits this Court’s review of a state habeas decision to whether the state court made an unreasonable determination of fact or law. The Court cannot say the state court that rejected Jimenez’s actual-innocence and Brady claims so grievously erred. It thus DENIES his petition for a writ of habeas corpus. The Court finds that Jimenez has made a substantial showing of the denial of a constitutional right on his actual-innocence claim but not on his Brady claim, and so issues a certificate of appealability limited to his actual-innocence claim. See Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005) (per curiam); accordingly, the case is closed.
DATED: New York, New York September 15, 2021
RUBY J. KRAJICK Clerk of Couff7 De) Lee
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