Atkins v. Chappius

Atkins v. Chappius

Petitioner:	Ukiah Atkins
Respondent:	Paul Chappius
Case Number:	1:2013cv00956
Filed:	September 24, 2013
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
County:	Chemung
Presiding Judge:	William M. Skretny
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 23, 2020	Filing 41 DECISION AND ORDER re 1 Petition for Writ of Habeas Corpus filed by Ukiah Atkins. Petitioner's Motion for a full Evidentiary Hearing (ECF No. 21) is DENIED; Respondent's Motion to Strike (ECF No. 36) the Declaration (ECF No. 35) is GRA NTED, and the Petition (ECF No. 1) is DISMISSED as untimely. Furthermore, because Petitioner has failed to make the required showing, the Court declines to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Accordingly, The Clerk of Court is directed to close this case. Signed by Hon. Charles J. Siragusa on 10/23/20. (KAP)-CLERK TO FOLLOW UP-
April 26, 2017	Filing 7 DECISION AND ORDER dismissing the plaintiff's petition as untimely. (Copy of Decision and Order sent by first class mail to Plaintiff.) (Clerk to close case.) Signed by Hon. Michael A. Telesca on 4/26/17. (JMC)-CLERK TO FOLLOW UP-

Date Filed

Document Text

October 23, 2020

Filing 41 DECISION AND ORDER re 1 Petition for Writ of Habeas Corpus filed by Ukiah Atkins. Petitioner's Motion for a full Evidentiary Hearing (ECF No. 21) is DENIED; Respondent's Motion to Strike (ECF No. 36) the Declaration (ECF No. 35) is GRA NTED, and the Petition (ECF No. 1) is DISMISSED as untimely. Furthermore, because Petitioner has failed to make the required showing, the Court declines to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Accordingly, The Clerk of Court is directed to close this case. Signed by Hon. Charles J. Siragusa on 10/23/20. (KAP)-CLERK TO FOLLOW UP-

April 26, 2017

Filing 7 DECISION AND ORDER dismissing the plaintiff's petition as untimely. (Copy of Decision and Order sent by first class mail to Plaintiff.) (Clerk to close case.) Signed by Hon. Michael A. Telesca on 4/26/17. (JMC)-CLERK TO FOLLOW UP-

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Petitioner: Ukiah Atkins
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Respondent: Paul Chappius
Represented By:	Alyson Gill (e-service) Arlene Roces (e-service)
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