Then v. Griffin

Then v. Griffin

Petitioner:	Alfred Then
Respondent:	Thomas Griffin
Case Number:	1:2017cv03681
Filed:	June 16, 2017
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Margo K. Brodie
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
May 25, 2018	Filing 6 MEMORANDUM & ORDER DISMISSING CASE: Petitioner is not entitled to either statutory or equitable tolling of the one-year statute of limitations period under AEDPA, and the Court dismisses the petition as time-barred under 28 U.S.C. § 22 44(d). Petitioner's request for an evidentiary hearing is also denied. As Petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal would not be taken in good faith and, therefore, in forma pauperis is denied for the purpose of any appeal. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED by Judge Margo K. Brodie, on 5/25/2018. Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

Date Filed

Document Text

May 25, 2018

Filing 6 MEMORANDUM & ORDER DISMISSING CASE: Petitioner is not entitled to either statutory or equitable tolling of the one-year statute of limitations period under AEDPA, and the Court dismisses the petition as time-barred under 28 U.S.C. § 22 44(d). Petitioner's request for an evidentiary hearing is also denied. As Petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. § 2253. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal would not be taken in good faith and, therefore, in forma pauperis is denied for the purpose of any appeal. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED by Judge Margo K. Brodie, on 5/25/2018. Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

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Respondent: Thomas Griffin
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Petitioner: Alfred Then
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