Sumpter v. New York State Supreme Court
Plaintiff: Willie Sumpter
Defendant: New York State Supreme Court
Case Number: 1:2009cv00689
Filed: February 5, 2009
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
County: Kings
Presiding Judge: Kiyo A. Matsumoto
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 12, 2012 Opinion or Order Filing 32 MEMORANDUM AND OPINION. For the foregoing reasons, Mr. Sumpter's petition pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus is dismissed in its entirety as time-barred, or in the alternative, for petitioner's failure to prosecu te and comply with the court's orders pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of the Court is respectfully requested to enter judgment in favor of respondent, close this case, and serve a copy of this Order on all parties, including mailing a copy of this Order to the pro se petitioner at his last known address, 275 Lincoln Avenue, Brooklyn, New York 11208, and note such mailing on the docket. Ordered by Judge Kiyo A. Matsumoto on 1/12/2012. (Ravi, Sagar)
January 5, 2011 Opinion or Order Filing 21 MEMORANDUM & ORDER. As set forth in the attached Memorandum and Order, Willie Sumpter's petition pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus is dismissed in its entirety as time-barred. The Clerk of Court is respectfully reques ted to enter judgment in favor of respondent, close this case and serve a copy of this Order on all parties, including mailing a copy of this Order to the pro se petitioner at his last known address and noting such mailing on the docket. Pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253(c)(2), a Certificate of Appealability will not issue because petitioner has not made a "substantial showing" of a denial of a constitutional right. Petitioner has a right to seek a Certificate of Appealability from the United States Court of Appeals for the Second Circuit. Ordered by Judge Kiyo A. Matsumoto on 1/5/2011. (Zeehandelaar, Rachel)
March 17, 2009 Opinion or Order Filing 4 MEMORANDUM AND ORDER: The Court directs petitioner to show cause within 30 days of the entry of this Memorandum and Order why the petition should not be dismissed as time-barred. The respondent shall not be required to answer the petition at this tim e, and all further proceedings shall be stayed for 30 days or until petitioner has complied with this Order. Petitioner is also advised that the New York State Supreme Court is not the proper respondent for a petition brought pursuant to 28 U.S.C. &# 167; 2254. Petitioner must name as respondent the Superintendent or Warden of the prison where he is currently confined. The Clerk of Court is directed to mail a copy of this Order to the address listed on the docket sheet and also to the address lis ted on the New York State Department of Correctional Services, Inmate Information website: Willie Sumpter, 03R5377, Ulster Correctional Facility, 750 Berme Road, P.O. Box 800, Napanoch, NY 12458-0800. Petitioner must notify this Court in writing of h is current address. If petitioner fails to comply with this Order within the time allowed, the instant petition shall be dismissed as time-barred under 28 U.S.C. § 2244(d). SO ORDERED. (Ordered by Judge Kiyo A. Matsumoto, on 3/17/2009) C/mailed to petitioner's both addresses listed on the docket sheet. (Latka-Mucha, Wieslawa)
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Plaintiff: Willie Sumpter
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Defendant: New York State Supreme Court
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