Simmons v. Perez

Simmons v. Perez

Petitioner:	Ricky Simmons
Respondent:	Ada Perez
Case Number:	1:2014cv05541
Filed:	September 19, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
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
March 6, 2015	Filing 4 ORDER TO SHOW CAUSE WHY PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 SHOULD NOT BE DISMISSED AS TIME-BARRED --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, petitioner is directed to show cause, NO LATER TH AN APRIL 6, 2015, by written affirmation using the form attached to this Order, why the petition should not be dismissed as time-barred by the AEDPA's one-year statute of limitations. In the affirmation, petitioner must provide the date on whic h he filed his post-conviction motion and the date of the decision by the states highest court. In addition, petitioner should present any facts which would support equitable tolling of the period of limitations, if applicable. All further proceedin gs shall be stayed until April 6, 2015. If petitioner fails to comply with this Order within the time allowed, the instant petition will be dismissed as time-barred under 28 U.S.C. § 2244(d). As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this order would not be taken in good faith, and, ther efore, in forma pauperis is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to which the Affirmation Form is attached to pro se petitioner. SO ORDERED by Judge Dora Lizette Irizarry on 3/6/2015. (Irizarry, Dora)

Date Filed

Document Text

March 6, 2015

Filing 4 ORDER TO SHOW CAUSE WHY PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 SHOULD NOT BE DISMISSED AS TIME-BARRED --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, petitioner is directed to show cause, NO LATER TH AN APRIL 6, 2015, by written affirmation using the form attached to this Order, why the petition should not be dismissed as time-barred by the AEDPA's one-year statute of limitations. In the affirmation, petitioner must provide the date on whic h he filed his post-conviction motion and the date of the decision by the states highest court. In addition, petitioner should present any facts which would support equitable tolling of the period of limitations, if applicable. All further proceedin gs shall be stayed until April 6, 2015. If petitioner fails to comply with this Order within the time allowed, the instant petition will be dismissed as time-barred under 28 U.S.C. § 2244(d). As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a), that any appeal from this order would not be taken in good faith, and, ther efore, in forma pauperis is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to which the Affirmation Form is attached to pro se petitioner. SO ORDERED by Judge Dora Lizette Irizarry on 3/6/2015. (Irizarry, Dora)

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Respondent: Ada Perez
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Petitioner: Ricky Simmons
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