Free Motion to Reopen Case - District Court of Connecticut - Connecticut

Case 3:01-cv-01968-DJS

Document 20

Filed 09/13/2008

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SHAWN NEWSOME, Pettioner, v. COMMISSIONER OF CORRECTION, Respondent.

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Case No.: 3:01CV1968 (DJS)

September 13, 2008

OTICE TO THE COURT REGARDI G EXHAUSTIO OF STATE HABEAS CLAIMS; A D REQUEST FOR RULI G O PE DI G § 2254 PETITIO (WITH REQUEST FOR ORAL ARGUME T)

In compliance with the requirements issued by the Court in the above referenced matter on November 17, 2004, the undersigned respectfully reports the following: On December 7, 2004, Newsome filed a second habeas petition in the Connecticut Superior Court to exhaust all of the claims presented in his federal § 2254 motion. The second habeas petition was denied on June 4, 2007. Newsome made timely application for a certification to appeal on June 8, 2007, the application was denied by the Superior Court on the same day; and notice of the denial wassent on June 12, 2007.

Case 3:01-cv-01968-DJS

Document 20

Filed 09/13/2008

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Newsome filed a timely appeal with the Connecticut Court of Appeals on June 22, 2007; the appeal, A.C. 28943, was dismissed on July 15, 2008. Newsome filed a petition for certification with the Connecticut Supreme Court on July 16, 2008; that petition was denied on September 12, 2008. A copy of the state habeas court's decision; the appellate court decision; AND the denial of certification from the Connecticut Supreme Court, are attached to this document. Newsome has now exhausted all of his state law remedies on all the issues raised in his federal § 2254 petition, and respectfully requests the Court to rule on that petition. Further, Newsome respectfully requests oral argument before the Court. RESPECTFULLY SUBMITTED SHAWN NEWSOME /s/ Raymond J. Rigat, Esq. By:_________________________ Raymond J. Rigat, Esq. His Attorney 23 East Main Street Clinton, CT 06413 Tel.: (860) 669-3273 Fax: (860) 669-3495 R. J. R. Federal Bar No.: ct13320 e-mail: [email protected]

Case 3:01-cv-01968-DJS

Document 20

Filed 09/13/2008

Page 3 of 3

C E R T I F I C A T I O

I hereby certify that a copy of the foregoing, Notice to the Court and Request for Ruling, has been electronically filed this 13th day of September 2008, and that the following have received either an electronic copy of same, or have received a copy via Regular U.S. mail (without document attachments):

Frederick W. Fawcett, Esq. Supervisory Assistant State's Attorney Fairfield Post Conviction Remedy Unit 1061 Main Street Bridgeport, Ct 06604; AND Mr. Shawn Newsome-el #200096 Chesire C.I., SB-229 900 Highland Avenue Chesire, CT 06410

/s/ Raymond J. Rigat, Esq. _________________________ Raymond J. Rigat, Esq.