Legal Opinion

RUDENKO v. Costello

District Court, E.D. New York

Decided August 10, 2000No. 1:97-cv-06362Published

1Opinion of the Court

MEMORANDUM

TRAGER, District Judge.

On May 4, 2000, the Court of Appeals granted a certificate of appealability in this case and in fourteen other habeas corpus cases. See Appendix A. The issue on which the certificate was granted is “whether a district court may dismiss a 28 U.S.C. § 2254 petition without providing an order which indicates that the court conducted a thorough review and independent analysis of the petition.”

Of the fifteen cases that were consolidated to address this issue, thirteen were mine. Because the question certified in these cases suggests that decisions denying these…

2Cases cited7 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. United States v. Lorenzo Nichols, Howard MasonCourt of Appeals for the Second Circuit · 1995
  3. Marvin Pinkney v. John Keane, Superintendent, Sing Sing Correctional Facility, Ossining, New YorkCourt of Appeals for the Second Circuit · 1990
  4. Sellan v. KuhlmanDistrict Court, E.D. New York · 1999
  5. Jones v. StinsonDistrict Court, E.D. New York · 2000

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