CAMARANO v. GRIFFIN (2019)

SUMMARY ORDER

Appellant Robert Camarano, pro se and incarcerated, appeals the September 19, 2017 order of the United States District Court for the Southern District of New York (Pauley, J.) denying his 28 U.S.C. § 2254 petition. In his petition, Camarano primarily claimed that the state court’s delay in adjudicating his direct criminal appeal violated due process. The district court held that Camarano’s claim was unexhausted because his appeal was still pending. This Court granted a certificate of appealability on the following issue: “whether the nearly eight-year delay in the processing of [Camarano’s] direct appeal violated [Camarano’s] due process rights.” The state courts subsequently affirmed Camarano’s conviction and sentence. We assume the parties’ familiarity with the underlying facts and procedural history.

We have considered Camarano’s October 15, 2019 motion to reconsider his motion for an evidentiary hearing, and deny his request for relief.

Camarano has exhausted his state court remedies, as his appeal in state court has now been decided. Accordingly, we VACATE the judgment of the district court dismissing Camarano’s § 2254 petition for failure to exhaust his state court remedies, and REMAND for further proceedings consistent with this order.