Romero v. Rich
| Anthony Romero |
| Supt. Rich |
| 1:2022cv00686 |
| February 7, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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Filing 7
ORDER TO SHOW CAUSE: For the reasons set forth in the attached Memorandum & Order, the Court grants Petitioner a second opportunity to show cause by written affirmation, within thirty (30) days of the entry of this Order on the docket, why the Petition should not be dismissed as time-barred by AEDPA's one-year statute of limitations. Specifically, in his affirmation, Petitioner must present any facts or evidence that would support either statutory tolling or equitable tolling of the one-year limitations period.No response to the Petition shall be required from Respondent at this time, and all further proceedings shall be stayed for thirty (30) days for Petitioner to comply with this Order. If Petitioner fails to comply with this Order within the time allowed, the 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. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to serve a copy of this Order and the accompanying affirmation form on Petitioner. Ordered by Judge Pamela K. Chen on 3/28/2022. (Stephan, Keegan)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE filed by Anthony Romero. (Layne, Monique) |
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Filing 5
ORDER: For the reasons explained in the attached Memorandum & Order, Petitioner's motion to proceed in forma pauperis is GRANTED, and, by March 11, 2022, Plaintiff is ordered to show cause, in writing, why he did not file his federal habeas petition within 28 U.S.C. 2244(d)s one-year statute of limitations. If Petitioner cannot show good cause for the delay, his petition must be dismissed as untimely. Ordered by Judge Pamela K. Chen on 2/11/2022. (Stephan, Keegan)
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| Filing 4 Case transferred in from District of New York Western; Case Number 6:20-cv-06281. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
ORDER that this case be transferred to the United States District Court for the Eastern District of New York. Signed by Hon. Frank P. Geraci, Jr. on 5/14/2020. (TF) [Transferred from New York Western on 2/7/2022.]
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| Clerk mailed copy of #3 Order to pro se petitioner. (JHF) [Transferred from New York Western on 2/7/2022.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #2 by Anthony Romero. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Anthony Romero.(TF) [Transferred from New York Western on 2/7/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Rich.(TF) [Transferred from New York Western on 2/7/2022.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) [Transferred from New York Western on 2/7/2022.] |
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| Petitioner: Anthony Romero | |
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| Respondent: Supt. Rich | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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