Walker v. Attorney General State of New York
| Selwyn Walker |
| Attorney General State of New York |
| 1:2014cv00141 |
| January 8, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
53
ORDER denying 46 Motion for Reconsideration --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, Petitioner's motion for reconsideration is denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal f rom this Summary 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, 444-45 (1962). SO ORDERED by Chief Judge Dora Lizette Irizarry on 09/30/2018. (Irizarry, Dora)
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Filing
41
ORDER DENYING PETITION PURSUANT TO 28 U.S.C. § 2254 --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is dismissed as untimely. Pe titioner is denied a certificate of appealability as he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from the Memorandum and Order would not be taken in good faith, and, therefor e, in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 09/30/2017. (Irizarry, Dora)
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Filing
21
ORDER denying 17 Motion for Leave to File; denying 18 Motion to Stay; denying 20 Motion for Summary Judgment -- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, the following is hereby ORDERED: (1) The Court will consider pro se petitioner's supplemental response to the Order to Show Cause he filed on March 5, 2015. Accordingly, his motion for leave to refile is denied and the amended supplemental response attached to petitioner's motion is stricken; ( 2) Respondent is directed to respond to Petitioner's supplemental response to the Order to Show Cause on or before NOVEMBER 23, 2015. No further response from Petitioner is required; (3) Petitioner's request for a stay of his judgment of c onviction is denied; and (4) Petitioner's motion for summary judgment is denied as premature and stricken. Respondent is reminded to remit to chambers a hard courtesy copy of its response to petitioner's supplemental filing promptly upon fi ling with the Court and serving it on petitioner. 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 a ny appeal. 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 and the Attached Written Summary Order to pro se petitioner. SO ORDERED by Judge Dora Lizette Irizarry on 11/4/2015. (Irizarry, Dora)
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| Respondent: Attorney General State of New York | |
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| Petitioner: Selwyn Walker | |
| Represented By: | Ransford Brandis McKenzie |
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