Legal Opinion
Roberites v. Colly
Court of Appeals for the Second Circuit
Decided October 18, 2013No. 17-2738UnpublishedCited by 24 opinions
1Opinion of the Court
SUMMARY ORDER
New York State prisoner Jesse Rober-ites, now represented by counsel, appeals from the sua sponte dismissal without prejudice of his pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his state convictions for arson and insurance fraud and complaining of ineffective assistance of counsel on appeal. The rules governing § 2254 permit sua sponte dismissal where “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” Rules Governing Section 2254 Cases, Rule 4; McFarland, v. Scott, 512 U.S. 849, 856,…
2Cases cited11 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Castille v. PeoplesSupreme Court of the United States · 1989
- McFarland v. ScottSupreme Court of the United States · 1994
- People v. SyvilleNew York Court of Appeals · 2010
- Norman Simmons v. Edward F. Reynolds, Superintendent, Oneida Correctional Facility, and the People of the State of New YorkCourt of Appeals for the Second Circuit · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lamone Lauderdale-El v. Indiana Parole BoardCourt of Appeals for the Seventh Circuit · 2022
- Anthony Steward v. Napoli, Auburn Correctional FacilityDistrict Court, S.D. New York · 2025
- Baker v. ColvinDistrict Court, W.D. New York · 2020
- Hayon v. ReardonDistrict Court, E.D. New York · 2021
- Hayon v. ReardonDistrict Court, E.D. New York · 2021
19 more not listed; retrieve them via the Exa API.