Ramirez v. Superintendent of Shawangunk Correctional Facility
Filing 17
OPINION AND ORDER adopting 13 Report and Recommendations: For the foregoing reasons and the reasons stated by Judge Pitman in the Report, the Court denies the petition for habeas corpus. Consistent with Judge Pitman's recommendation, the deni al of Ramirez's PVFO claim is with prejudice, and the denial of his ineffective assistance of counsel claims is without prejudice. In recognition of the fact that the Second Circuit has not yet defined the contours of the "good cause" standard under Rhines, the Court issues a certificate of appealability. The Clerk of Court is respectfully directed to mail a copy of this Opinion to petitioner's address on record and to close this case. (Signed by Judge Paul A. Engelmayer on 8/6/2019) (jwh) Transmission to Appeals Clerk. Transmission to Orders and Judgments Clerk for processing.
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