Simmons v. Brown

Simmons v. Brown

Petitioner:	Richie Simmons
Respondent:	William Brown
Case Number:	2:2008cv01425
Filed:	March 31, 2008
Court:	US District Court for the Eastern District of New York
Office:	Habeas Corpus (General) Office
County:	Suffolk
Presiding Judge:	Joseph F. Bianco
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
May 26, 2011	Filing 18 MEMORANDUM AND OPINION. For the reasons set forth in the attached Memorandum and Order, the Court finds that the petition is untimely and that there is no basis for equitable tolling. Accordingly, the petition for a writ of habeas corpus must be dis missed as time-barred. Moreover, having analyzed the merits in an abundance of caution, the Court finds that petitioner has demonstrated no basis for relief under 28 U.S.C. § 2254 and, thus, even if the petition were timely, it would nonetheles s have to be dismissed as meritless. Therefore, the petition is denied in its entirety. Because petitioner has failed to make a substantial showing of a denial of a constitutional right, no certificate of appealability shall issue. See 28 U.S.C. § 2253(c)(2). The Clerk of the Court shall enter judgment accordingly and close the case. Ordered by Judge Joseph F. Bianco on 5/26/2011. (Graves, Kelly)

Date Filed

Document Text

May 26, 2011

Filing 18 MEMORANDUM AND OPINION. For the reasons set forth in the attached Memorandum and Order, the Court finds that the petition is untimely and that there is no basis for equitable tolling. Accordingly, the petition for a writ of habeas corpus must be dis missed as time-barred. Moreover, having analyzed the merits in an abundance of caution, the Court finds that petitioner has demonstrated no basis for relief under 28 U.S.C. § 2254 and, thus, even if the petition were timely, it would nonetheles s have to be dismissed as meritless. Therefore, the petition is denied in its entirety. Because petitioner has failed to make a substantial showing of a denial of a constitutional right, no certificate of appealability shall issue. See 28 U.S.C. § 2253(c)(2). The Clerk of the Court shall enter judgment accordingly and close the case. Ordered by Judge Joseph F. Bianco on 5/26/2011. (Graves, Kelly)

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Petitioner: Richie Simmons
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Respondent: William Brown
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