Smith v. Superintendent

Respondent: Superintendent
Petitioner: Jeremie Smith
 
Case Number: 9:2013cv00454
Filed: April 24, 2013
 
Court: New York Northern District Court
Office: Prisoner Office
County: Seneca
Referring Judge: Andrew T. Baxter
Presiding Judge: David N. Hurd
 
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
March 20, 2014 28 Opinion or Order of the Court ORDER PROVIDING FOR SUPPLEMENTAL BRIEFING REGARDING EQUITABLE TOLLING BASED ON MENTAL ILLNESS: ORDERED THAT Smith has 30 days, or up to and including April 21, 2014, to file a supplemental brief detailing his equitable tolling claim. Smith must su pport his claim with evidence that his "particular disability constituted an 'extraordinary circumstance' severely impairing [his] ability to comply with the filing deadline, despite [his] diligent efforts to do so." Bolarinw a, 593 F.3d at 232. If Smith does not comply, or if he fails to come forward with sufficient evidence that equitable tolling is warranted, this Court will dismiss his Petition for Writ of Habeas Corpus as untimely. IT IS FURTHER ORDERED THAT Respondent has 30 days from the filing of Smith's supplemental briefing to file its response. (Supplemental Brief due by 4/21/2014) Signed by Judge James K. Singleton on 3/20/2014. (ptm) (Copy served on petitioner by regular mail)
May 29, 2014 32 Opinion or Order of the Court MEMORANDUM DECSION: ORDERED THAT Smith's Petition for a Writ of Habeas Corpus is DISMISSED as untimely. 28 U.S.C. 2244(d)(1)(D); Bolarinwa, 593 F.3d at 232. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealabilit y. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his const itutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.' " (quoting Miller-El v. Cockrell, 537 U.S. 322, 327 (2003))). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. Signed by Judge James K. Singleton on 5/28/2014. (ptm) (Copy served on petitioner by regular mail)
May 29, 2014 33 Opinion or Order of the Court JUDGMENT: IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated May 28, 2014, that Smith's 1 Petition for a Writ of Habeas Corpus is DISMISSED as untim ely. 28 U.S.C. 2244(d)(1)(D); Bolarinwa, 593 F.3d at 232. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate o f appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encourag ement to proceed further.' " (quoting Miller-El, 537 U.S. at 322, 327 (2003))). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)

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Respondent: Superintendent
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Petitioner: Jeremie Smith
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