Gibson v. State of New York
| Bennie Gibson |
| State of New York |
| 1:2015cv06335 |
| October 28, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A. Matsumoto |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
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ORDER denying 12 Motion to Vacate ; denying 12 Motion to Amend/Correct/Supplement; denying 17 Motion for Extension of Time to File; denying 18 Motion to Amend/Correct/Supplement; denying 18 Motion for Reconsideration. For the reasons set forth in the attached Memorandum and Order, the court denies petitioner's motion for reconsideration of the dismissal of his petition for a writ of habeas corpus. This case shall remain closed. Pursuant to Fed. R. App. P. 22(b) and 28 U.S. C. § 2253(c)(2), a certificate of appealability shall not issue because petitioner has not made a substantial showing of a denial of constitutional right. Petitioner's motion for an extension of time to file a notice of appeal 17 is deni ed as moot. Petitioner has a right to seek a certificate of appealability from the United States Court of Appeals for the Second Circuit. See 28 U.S.C. § 2253(c). The Clerk of Court is respectfully requested to mail a copy of this Memorandum and Order to petitioner and note service on the docket by 5/10/2016. Ordered by Judge Kiyo A. Matsumoto on 5/9/2016. (McNulty, John)
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Filing
9
ORDER. For the reasons set forth in the attached Memorandum and Order, the petition for a writ of habeas corpus is dismissed as time-barred pursuant to 28 U.S.C. § 2244(d)(1). A certificate of appealability shall not issue as petitioner has no t made a substantial showing of the denial of a constitutional right. 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, 444-45 (1962). The Clerk of Court is respectfully requested to mail to copy of this order to petitioner, note service on the docket, and close this case. Ordered by Judge Kiyo A. Matsumoto on 2/16/2016. (McNulty, John)
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Filing
5
ORDER granting 4 Motion for Leave to Proceed in forma pauperis. For the reasons set forth in the attached Memorandum and Order, the court directs petitioner to show cause by written affirmation within 60 days from entry of this Order why the peti tion should not be dismissed as time-barred by the AEDPA's one year statute of limitations. In the affirmation, petitioner should clearly state the dates that he filed the Section 440 motions listed in his petition and the dates that said motio ns were denied. If petitioner has a basis to equitably toll the limitations period, he should clearly and concisely state his reasons, including all relevant facts and dates. No response or answer from the respondent shall be required at this time and all further proceedings shall be stayed for 60 days to allow petitioner to comply 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). The Clerk of Court is respectfully requested to serve a copy of this Memorandum and Order on petitioner and note such service on the docket. Ordered by Judge Kiyo A. Matsumoto on 12/2/2015. (McNulty, John)
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| Petitioner: Bennie Gibson | |
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| Respondent: State of New York | |
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