Davis v. Lempke
| Warren Davis |
| Jophn Lempke |
| 1:2014cv03675 |
| May 22, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| Plaintiff |
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Filing
64
MEMORANDUM OPINION AND ORDER: It follows that, however sympathetic the Court may be to Davis's situation, his Petition must be and is dismissed as untimely. The Clerk of Court is directed to terminate Docket No. 59 and close this case. If Davis wishes to appeal from this decision, he should-in accordance with the Second Circuit's decision on appeal-promptly notify the Clerk of the Court of Appeals by letter. See Davis, 642 F. App'x at 34 ("After an amended order is entered by the District Court, either party may restore jurisdiction to this Court by notifying the Clerk of this Court by letter, and the returned appeal will be assigned to this panel. An additional notice of appeal will not be needed."). (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Jesse M. Furman on 12/6/2016) (mro)
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Filing
50
MEMORANDUM OPINION AND ORDER: In short, the Court's prior Memorandum Opinion and Order and the related Judgment are VACATED (Docket Nos. 23-24), and Petitioner is granted leave (with the assistance of appointed counsel) to file an Amended Pet ition within three weeks of the date of this Memorandum Opinion and Order. Unless the Court orders otherwise, Respondent shall renew his motion to dismiss within three weeks of the filing of the Amended Petition (or, if Petitioner elects not to fi le an Amended Petition, within three weeks of the deadline); Petitioner shall file any opposition within two weeks of the motion; and Respondent shall file any reply within one week of the opposition. Although the Court's earlier decision has been vacated, the parties should obviously address in their briefing whether the Court's prior ruling was correct. (Signed by Judge Jesse M. Furman on 6/28/2016) (ab)
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Filing
23
MEMORANDUM OPINION AND ORDER re: 13 MOTION to Dismiss filed by Jophn Lempke. For the foregoing reasons, Respondent's motion to dismiss is GRANTED and the Petition is dismissed as time barred. As Petitioner has not made a sub stantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, this Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate Docket No. 13 and to close the case. (Signed by Judge Jesse M. Furman on 2/5/2015) (mro)
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| Petitioner: Warren Davis | |
| Represented By: | Joseph M. Latino |
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| Respondent: Jophn Lempke | |
| Represented By: | LIsa Marie Denig |
| Represented By: | John James Sergi |
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