Favourite v. Colvin
| Rivin Favourite |
| John Colvin |
| 1:2016cv07086 |
| September 7, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Seneca |
| Katherine B. Forrest |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
46
OPINION & ORDER: Adopting REPORT AND RECOMMENDATION: for 39 Report and Recommendation. For the reasons set forth above, the Court adopts Magistrate Judge Wangs R&R in its entirety, and Favourite's petition for a writ of habeas corpus is DENI ED. As Favourite has not made a substantial showing of a 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). The C ourt 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 the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to lift the stay, close this case, and mail a copy of this order to petitioner. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 2/07/2023) (ama)
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Filing
45
ORDER: On May 13, 2021, the Court retroactively approved Favourite's request for an extension of time to object to Judge Wangs Report and Recommendation and set a June 3, 2021 deadline for Colvin to respond to these objections. No response has been filed to date. Colvin must therefore file any response to these objections by September 9, 2021; after that, the objections will be deemed unopposed. ( Objections to R&R due by 9/9/2021) (Signed by Judge Edgardo Ramos on 8/19/2021) (cf)
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Filing
35
ORDER: On September 16, 2019, I ordered that Respondent Respondent shall file and serve... the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts1 within sixty days of this O rder, i.e., by Friday, November 15, 2019. (ECF 33). Respondent has not done so. Accordingly, by February 3, 2021, Respondent shall file and serve the documents requested over a year ago. The Clerk of Court is directed to mail a copy of this Order on the pro se Petitioner. (Signed by Magistrate Judge Ona T. Wang on 1/27/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing
21
MEMORANDUM OPINION & ORDER: The Court concludes that Favourite's petition for writ of habeas corpus under 28 U.S.C. § 2254 was filed outside the statutory one-year period of limitations established by 28 U.S.C. § 2244(d)(1). Further , the Court concludes that petitioner is not entitled to equitable tolling. Accordingly, Favourite's petition is DISMISSED as untimely. The Clerk of Court is directed to terminate the present action. (Signed by Judge Katherine B. Forrest on 9/12/2017) Copies Mailed By Chambers. (rj)
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| Petitioner: Rivin Favourite | |
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| Respondent: John Colvin | |
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