Perez-Pagan v. Mercado-Quinones et al
Jose M. Perez-Pagan |
Nelson Mercado-Quinones and Cesar R. Miranda-Rodriguez |
3:2015cv01102 |
February 5, 2015 |
US District Court for the District of Puerto Rico |
San Juan Office |
Ponce |
Daniel R. Dominguez |
Civil Rights |
28 U.S.C. ยง 2254 |
None |
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Filing 31 OPINION AND ORDER granting 13 motion to dismiss on timeliness grounds. Even when using the most Petitioner-friendly formulation of dates, the petition is still filed 106 days after the expiration of the statute of limitations contained in 28 U.S.C. § 2244(d). In addition, Petitioner has proffered no argument or evidence that would require a finding of equitable tolling or the invocation of the actual-innocence exception. It is further ordered that no certificate of appealability be issu ed in the event that Petitioner files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2). Finally, pursuant to Local Rule 5(g), Respondent is hereby ordered to file a certified English translation of the court document contained at Docket No. 27-11 on or before April 21, 2016. Signed by Judge Daniel R. Dominguez on 3/31/2016. (MF) |
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