Strothers v. Larkin

Strothers v. Larkin

Petitioner:	Joseph Strothers
Respondent:	Larkin
Case Number:	1:2012cv01746
Filed:	April 5, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Sandra L. Townes
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
August 31, 2015	Filing 6 MEMORANDUM & ORDER. For the reasons set forth herein and in this Court's 3 Memorandum and Order entered on April 19, 2012, the 1 petition for a writ of habeas corpus is dismissed as time-barred under 28 U.S.C. § 2244(d). As Petition er has not "made a substantial showing of the denial of a constitutional right," a certificate of appealability will not issue. 28 U.S.C. § 2253(c)(2). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444, 82 S. Ct. 917, 8 L. Ed. 2d 21(1962). The Clerk of Court is respectfully directed to close this case. Ordered by Judge Sandra L. Townes on 8/31/2015. Copy mailed to pro se Petitioner. (Barrett, C)
April 18, 2012	Filing 3 MEMORANDUM AND ORDER: The Court grants petitioner's 2 request to proceed in forma pauperis and directs petitioner to show cause by written affirmation, within 30 days from entry of this Memorandum and Order, why the petition should not be dismissed as time-barred by the AEDPA's one year statute of limitations. No response or answer shall be required at this time from respondent and all further proceedings shall be stayed for 30 days or until petitioner has compli ed with this Order. If petitioner fails to comply with this Order within the time allowed, the instant petition shall be dismissed as time-barred under 28 U.S.C. § 2244(d). SO ORDERED by Judge Sandra L. Townes, on 4/18/2012. C/mailed to pro se Petitioner. (Latka-Mucha, Wieslawa)

Date Filed

Document Text

August 31, 2015

Filing 6 MEMORANDUM & ORDER. For the reasons set forth herein and in this Court's 3 Memorandum and Order entered on April 19, 2012, the 1 petition for a writ of habeas corpus is dismissed as time-barred under 28 U.S.C. § 2244(d). As Petition er has not "made a substantial showing of the denial of a constitutional right," a certificate of appealability will not issue. 28 U.S.C. § 2253(c)(2). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444, 82 S. Ct. 917, 8 L. Ed. 2d 21(1962). The Clerk of Court is respectfully directed to close this case. Ordered by Judge Sandra L. Townes on 8/31/2015. Copy mailed to pro se Petitioner. (Barrett, C)

April 18, 2012

Filing 3 MEMORANDUM AND ORDER: The Court grants petitioner's 2 request to proceed in forma pauperis and directs petitioner to show cause by written affirmation, within 30 days from entry of this Memorandum and Order, why the petition should not be dismissed as time-barred by the AEDPA's one year statute of limitations. No response or answer shall be required at this time from respondent and all further proceedings shall be stayed for 30 days or until petitioner has compli ed with this Order. If petitioner fails to comply with this Order within the time allowed, the instant petition shall be dismissed as time-barred under 28 U.S.C. § 2244(d). SO ORDERED by Judge Sandra L. Townes, on 4/18/2012. C/mailed to pro se Petitioner. (Latka-Mucha, Wieslawa)

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Respondent: Larkin
Represented By:	KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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Petitioner: Joseph Strothers
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