Legal Opinion
Schmiege v. NYSDOCCS
District Court, W.D. New York
Decided July 24, 2023No. 1:22-cv-00849Unknown
1Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK BRIAN E. SCHMIEGE, Petitioner, 22-CV-849-LJV v. DECISION & ORDER NYSDOCCS, Respondent. The pro se petitioner, Brian Schmiege, is a prisoner confined at the Five Points Correctional Facility (“Five Points”). He has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, alleging that he is receiving inadequate medical care while he is in state custody. Docket Item 1. On February 15, 2023, the respondent moved to dismiss the petition on the grounds that Schmiege’s claims are moot and not cognizable under 28 U.S.C. § 2254.…
2Cases cited10 opinions
- Coppedge v. United StatesSupreme Court of the United States · 1962
- Duncan v. HenrySupreme Court of the United States · 1995
- Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
- Carvajal v. ArtusCourt of Appeals for the Second Circuit · 2011
- Brian Jones v. John Keane, Superintendent, Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 2003
5 more not listed; retrieve them via the Exa API.