Johnson v. Connolly
||August 13, 2012
||US District Court for the Eastern District of New York
||Dora Lizette Irizarry
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|April 29, 2013
ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis for purposes of this Order only and DISMISSING PETITION FOR WRIT OF HABEAS CORPUS - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, the petition for a writ of habeas c orpus pursuant to 28 U.S.C. § 2254 is dismissed as untimely under 28 U.S.C. § 2244(d)(1). Petitioner is denied a certificate of appealability, as he has failed to make a "substantial showing of the denial of a constitutional right.&qu ot; 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Luciadore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. 7; 1915(a)(3) that any appeal from this Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 4/29/2013. (Irizarry, Dora)
|October 22, 2012
ORDER TO SHOW CAUSE ( Show Cause Response due by 12/21/2012.) - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, petitioner is directed to show cause by written affirmation, no later than December 21, 2012, why the instant petition s hould not be dismissed as time-barred. Petitioner's affirmation should include any facts that would support tolling of the statute of limitations. For Petitioner's convenience, an Affirmation Form, with the caption of this case is attached to the Court's Summary Order. No response to the petition shall be required at this time and all further proceedings shall be stayed for sixty (60) days for petitioner to comply with this Order, i.e. until December 21, 2012. If petitioner fail s to comply with this Order within the time allowed, the instant petition shall be dismissed as time-barred. 28 U.S.C. § 2244(d). 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 and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order, the Attached Written Summary Order and Affirmation Form to pro se petitioner. SO ORDERED by Judge Dora Lizette Irizarry on 10/22/2012. (Irizarry, Dora)
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