Johnson v. Lee

Johnson v. Lee

Petitioner:	James Johnson
Respondent:	William Lee
Case Number:	1:2010cv04852
Filed:	October 21, 2010
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Allyne R. Ross
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
October 24, 2012	Filing 23 OPINION AND ORDER: Petitioner's federal habeas corpus petition was filed beyond the one year statute of limitations imposed by AEDPA and this Court is precluded from granting the writ. For the foregoing reasons, petitioner's feder al habeas corpus petition is untimely under 28 U.S.C. § 2244(d)(1). Consequently, the petition is denied. Because petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253( c)(2), the Court declines to issue a Certificate of Appealability. In addition, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The Clerk of the Court is directed to enter judgment accordingly. SO ORDERED by Judge Allyne R. Ross, on 10/24/2012. C/mailed to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

Date Filed

Document Text

October 24, 2012

Filing 23 OPINION AND ORDER: Petitioner's federal habeas corpus petition was filed beyond the one year statute of limitations imposed by AEDPA and this Court is precluded from granting the writ. For the foregoing reasons, petitioner's feder al habeas corpus petition is untimely under 28 U.S.C. § 2244(d)(1). Consequently, the petition is denied. Because petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253( c)(2), the Court declines to issue a Certificate of Appealability. In addition, this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. The Clerk of the Court is directed to enter judgment accordingly. SO ORDERED by Judge Allyne R. Ross, on 10/24/2012. C/mailed to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

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Respondent: William Lee
Represented By:	KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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Petitioner: James Johnson
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