Robles v. Faneuff et al
| Rolando Robles |
| W. Faneuff and State of Connecticut |
| 3:2016cv01208 |
| July 18, 2016 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Hartford |
| Jeffrey A. Meyer |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
25
ORDER DENYING MOTION FOR RECONSIDERATION. For the reasons set forth in the attached ruling, petitioner's motion for reconsideration (Doc. # 14 ) is DENIED. Petitioner's motion for leave to proceed in forma pauperis (Doc. #15) and mot ion to appoint counsel (Doc. #16) are accordingly DENIED as moot. If Robles believes he can offer objective evidence of his mental illness during the periods of time he seeks to have tolled, as well as put forth a particularized showing of how hi s condition was causally connected to his failure to timely file, he may submit another motion for reconsideration containing such evidence by August 14, 2017. Any such motion must also address the question of whether the claims raised in the federal habeas petition were fully exhausted in the state courts, in light of the concerns raised above, or explain why the futility exception applies. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/14/2017. (Levenson, C.)
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Filing
12
RULING DISMISSING PETITION FOR WRIT OF HABEAS CORPUS. The petition for habeas corpus (Doc. # 1 ) is DISMISSED without prejudice for failure to exhaust state court remedies. If Robles properly exhausts his claims and wishes to re-file a petition for f ederal habeas corpus relief, he should be prepared to show that his petition has been timely filed within one year of his state court convictions' becoming final (28 U.S.C. § 2244(d)(1)) and, if not, why the statute of limitations should be equitably tolled in his favor. See Walker v. Connecticut Superior Court, 2015 WL 3970886, at *3 (D. Conn. 2015). The motion to appoint counsel (Doc. # 3 ) is DENIED as moot. Because Robles has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2), no certificate of appealability shall enter. The Clerk is directed to enter judgment in favor of the respondents and to close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/27/2016. (Gruber, Sarah)
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