Ortiz v. United States of America
Michael Ortiz |
United States of America |
1:2012cv05236 |
October 15, 2012 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Brian M. Cogan |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
None |
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Filing 8 MEMORANDUM AND ORDER, denying 7 Motion for an indefinite Stay and the petition is denied as untimely. The case is dismissed and the Clerk is directed to enter judgment accordingly. Because the petitioner has not made a substantial showing of the d enial of a constitutional right, a Certificate of Appealability will not issue. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 1/24/2013) c/m with unpublished decisions by chambers. Fwd. for Judgment. (Galeano, Sonia) |
Filing 3 MEMORANDUM DECISION AND ORDER, It seems unlikely that petitioner has grounds for equitable tolling. His assertion of Frye as a ground for making his petition timely, albeit erroneously, shows that he is aware of limitations problem, yet he has offere d nothing beyond Frye to address it. Nevertheless, because petitioner has not had an opportunity to assert equitable tolling in response to this Court's rejection of Frye as a ground for making his petition timely, petitioner is granted 20 days from the date of this Order to demonstrate whether equitable tolling applies. In the absence of such a submission, the petition will be dismissed as untimely. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 11/5/2012) c/m by chambers. (Galeano, Sonia) |
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Respondent: United States of America | |
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Petitioner: Michael Ortiz | |
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