Myrick v. Bradt

Myrick v. Bradt

Petitioner:	Markell Myrick
Respondent:	V. Mark Bradt
Case Number:	1:2008cv04972
Filed:	December 1, 2008
Court:	US District Court for the Eastern District of New York
Office:	Habeas Corpus (General) Office
County:	Kings
Presiding Judge:	Raymond J. Dearie
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
January 28, 2009	Filing 4 MEMORANDUM AND ORDER: Having considered the claims in the original petition and petitioner's subsequent Affirmation, the Court finds that it does not have jurisdiction over this petition, because the statute of limitations has expired and there are no sufficient grounds for equitable tolling. Accordingly, the petition for a writ of habeas corpus is dismissed as time-barred. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. The Court certifies pursuant that any appeal from a judgment denying the instant petition would not be taken in good faith. Ordered by Chief Judge Raymond J. Dearie on 1/27/2009. (Hugh, Lewis)

Date Filed

Document Text

January 28, 2009

Filing 4 MEMORANDUM AND ORDER: Having considered the claims in the original petition and petitioner's subsequent Affirmation, the Court finds that it does not have jurisdiction over this petition, because the statute of limitations has expired and there are no sufficient grounds for equitable tolling. Accordingly, the petition for a writ of habeas corpus is dismissed as time-barred. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. The Court certifies pursuant that any appeal from a judgment denying the instant petition would not be taken in good faith. Ordered by Chief Judge Raymond J. Dearie on 1/27/2009. (Hugh, Lewis)

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Petitioner: Markell Myrick
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Respondent: V. Mark Bradt
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