Just finished the monthly global updates to the Pending Second Circuit Cases page.
Some notes. Petitioner finally filed a notice of appeal in Reily v. Ercole, where the DJ had granted a COA. He also filed a motion to reopen the time to file a notice of appeal. Under FRAP 4, the DJ has the authority to do it since it was filed with 180 days of the judgment. Let's see what happens.
Notices of appeal have been filed in two of the four recent habeas grants out of WDNY. In both cases, both sides filed notices of appeal. In one, petitioner was also granted a COA (Jackson v. Conway). In the other, Petitioner has moved for a COA (Young v. Conway).
In the other two recent habeas grants out of WDNY, no notices of appeal have been filed. In one, Valentin v. Mazzuca, the time for filing a notice of appeal has expired. So this habeas grant seems to be locked in place. I'll check again in a month just to make sure. In the other, Young v. Zon, the time for filing a notice of appeal has not yet expired.
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