Holmes v. Capra

Holmes v. Capra

Petitioner:	Brandon Holmes
Respondent:	Warden Michael Capra
Case Number:	1:2014cv06373
Filed:	October 28, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
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

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
March 8, 2018	Filing 11 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is dismissed a s untimely and neither statutory nor equitable tolling of the statute of limitations applies. Petitioner is denied a certificate of appealability as he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); See Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a) (3) that any appeal from this Memorandum and Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and Attached Written Memorandum and Order to pro se petitioner, enter judgement and close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/8/2018. (Irizarry, Dora)

Date Filed

Document Text

March 8, 2018

Filing 11 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is dismissed a s untimely and neither statutory nor equitable tolling of the statute of limitations applies. Petitioner is denied a certificate of appealability as he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); See Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a) (3) that any appeal from this Memorandum and Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and Attached Written Memorandum and Order to pro se petitioner, enter judgement and close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/8/2018. (Irizarry, Dora)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Holmes v. Capra
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: Warden Michael Capra
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Brandon Holmes
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?