Mobayed v. Boucaud
| 1:2009cv04790 |
| October 26, 2009 |
| U.S. District Court for the Eastern District of New York |
| Brooklyn Office |
| Roslynn R. Mauskopf |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
10
JUDGMENT, that petitioner take nothing of the respondent; that the petition for a writ of habeas corpus corpus is dismissed as time-barred; that a Certificate of Appealability shall not issue; and that pursuant to 28 USC sec. 1915(a) any appeal from a judgment denying the petition would not be taken in good faith. Ordered by Robert C. Heinemann, Clerk of Court on 3/5/2010. c/m with Appeals Package sent to Petitioner. (Galeano, Sonia)
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Filing
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MEMORANDUM AND ORDER, 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 statutory or euqitable 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 to 28 USC sec. 1915(a)that any appeal from a judgment denying the instant petition would not be taken in good faith. (Ordered by Judge Roslynn R. Mauskopf on 3/4/2010) c/m (Galeano, Sonia)
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Filing
7
MEMORANDUM AND ORDER: Petitioner is ORDERED to show cause on or before March 1, 2010 why the AEDPA statue of limitations should not bar his petition. The Clerk of the Court is ORDERED to reopen this case and VACATE the January 11, 2010 Order and the January 14, 2010 Clerk's Judgment. Ordered by Judge Roslynn R. Mauskopf on 1/29/2010. C/M. (Brucella, Michelle)
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Filing
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MEMORANDUM AND ORDER, More than 30 days have elapsed, but no affirmation has been received by the Court. Therefore, the petition 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 to 28 USC sec. 1915(a) that any appeal from a judgment denying the instant petition would not be taken in good faith. (Ordered by Judge Roslynn R. Mauskopf on 1/11/2010) c/m Fwd. for Judgment. (Galeano, Sonia)
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Filing
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MEMORANDUM AND ORDER: Petitioner is directed to show cause by affirmation, within 30 days from the date of this Order, why the AEDPA statue of limitations should not bar the instant petition. No response shall be required from respondent at this time and all further proceedings shall be stayed for 30 days or until the petitioner has complied with this Order. If petitioner fails to comply with this Order within the time allowed, the instant petition may be dismissed as time-barred. Ordered by Judge Roslynn R. Mauskopf on 11/9/2009. C/M. (Brucella, Michelle)
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