Jimenez v. Lilley

Filing 78

CLERK'S JUDGMENT re: 77 Memorandum & Opinion, in favor of Tina M. Stanford against Rafael Jimenez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 15, 2021, AEDP A 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 grievous ly 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 certifica te 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. (Signed by Clerk of Court Ruby Krajick on 9/15/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

Case 1:16-cv-08545-AJN-RWL Document 78 Filed 09/15/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
Rafael Jimenez,
16 CIVIL 8545 (AJN)

Plaintiff,

JUDGMENT

-againstTina M. Stanford,
Defendant.
--------------------------------------------------------------X

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 Court
BY:
_________________________
Deputy Clerk